APIL responds to MoJ consultation on fee increases

Jonathan Scarsbrook, president of APIL.

The Ministry of Justice (MoJ) is planning to increase more than 200 court fees. A campaign group is warning that this must not create barriers for injured people who need to access the courts.

The Association of Personal Injury Lawyers (APIL) has responded to an MoJ consultation about increasing some fees. This will generate a potential £42 million for HM Courts and Tribunals Service (HMCTS).

From spring 2024, court and tribunal fees will increase by 10 percent. Court users must contribute more to the services they utilise, primarily funded by taxpayers.

“We understand an increase in fees may be necessary to continue to help fund the courts and tribunal system, however justice cannot be restricted to those with the means to pay. The court system should, in the main, be funded by central government as it benefits the whole of society,” said APIL president Jonathan Scarsbrook.

“Defendants might also take advantage of this situation by offering low settlements, knowing that claimants are fearful of the costs involved,” he said.

It is vital that the Help with Fees remission scheme keeps pace with increased court fees. The scheme helps claimants who have restricted means, meaning that injured people can secure the redress they need.

“Although the Help with Fees scheme is being revised by the MoJ, there are no plans to review it regularly. This needs to happen every two years alongside reviewing court fees. This way the scheme will keep pace with any increases and particularly vulnerable people will not fall between the cracks,” said Jonathan.

“The reality in many cases is that solicitors fund disbursements, including court fees, for their clients and recover these at the end of the case. But if court fees rise too steeply, we could reach a point where solicitors are not able to take on the financial risk. Access to justice and legal assistance must remain paramount,” he added.

APIL also asserts that if claimants are to experience higher court fees, they should receive a minimum level of service entitlement. This would mean courts having to adhere to service level agreements, including time frames for hearings.

Image: APIL

Emma Cockings Emma is a content editor for Claims Media. Emma is a experienced writer with a background in client-centric personal injury for a major firm. She has attended and reported on multiple brokerage events throughout her career.