Thursday, March 23, 2006

Justice for All?

On the 16th March the House of Lords debated the recent increase in family court fees. Liberal Democrat Shadow Lord Chancellor Lord Goodhart tabled a resolution "that this House regrets the Government's decision to restrict access to justice through the Family Proceedings Fees (Amendment No. 2) Order 2005 (S.I. 2005/3443) and the Magistrates' Courts Fees Order 2005 (S.I. 2005/3444)", calling these orders "a significant part of a major threat to access to justice". He said that "these increases are driven by the insistence that the costs of courts should be borne entirely by litigants...a relatively new concept" which had been exacerbated by the fact that since 1992 judicial salaries and pensions had been paid from court fees. He accepted that the increase in court fees did not affect the very poorest, who could get legal aid, but said that it is "almost impossible for anyone who is in regular work to qualify for legal aid or for exemption or remission from court fees", resulting in the fees now forming "a real deterrent for those who are on below-average incomes or, indeed, on average incomes or somewhat above them".

I couldn't agree more. The full House of Lords debate can be read here.

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