Oral question asked in the House of Lords, by Lord Ackner (Crossbench). It was answered on Thursday, 20 October 2005.

Court Fees

Question: My Lords, will the noble and learned Lord assist the House on two matters? He is no doubt aware that the Civil Justice Council is the watchdog body over the civil courts, and that the noble and learned Lord, Lord Phillips of Worth Matravers, presided over that body, certainly until he became Lord Chief Justice. The Civil Justice Council, in a paper to the noble and learned Lord the Lord Chancellor, said that,"““a substantial portion of the costs should be defrayed from general taxation””." It added that the,"““general level of fees discourages access to the courts””," particularly on the part of litigants who are employees on their own part or are in a small business. In view of the civil disputes affected—for example, in the case of a parent who wants to seek access to a child, the fee has risen from £30 to £175, as noble Lords have heard—does the noble and learned Lord not accept that that is an intolerable situation when we are trying to emphasise the need to give full access to the courts?

Answer: My Lords, I was aware of the report of the Civil Justice Council, which we will bear in mind when considering the results of the consultation on the increase of the fees. The example given by the noble and learned Lord, Lord Ackner, relates to the cost of a contact application, which is being increased in a magistrates’ court. The fees for a contact application in county courts and the High Court are already high, and, on the evidence, they have not put people off applying. We must raise money from those who use the courts, but we must be sure that those who cannot afford it are not deterred by those fees. That is what we are consulting on.

Secondary information