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The great court fees debate

Court fees for family proceedings are fixed. Now that is not necessarily an issue for many family matters, for example children proceedings. But what about financial remedy claims? Is it right that the same (small) fee should be payable by someone issuing a claim in a case involving a few thousand pounds-worth of assets as a case involving many million pounds-worth of assets?

Of course it isn't.

The matter came up for discussion (not for the first time) today on Twitter, between a family law barrister and a well-known family law solicitor (see here). Both, it seems to me, agreed that a court fees system based upon the parties' means to pay would be fairer.

I read a lot of law reports. Time and again I am seeing big-money cases occupying huge amounts of court time. It cannot possibly be right that an 'ordinary money' case, involving modest assets and taking up an equally modest amount of court time should attract the same court fee as a big-money case taking up huge sw…

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