Oral question asked in the House of Lords, by Lord Ackner (Crossbench). It was answered by Lord Falconer of Thoroton (Labour) on Monday, 14 November 2005.

Court Fees

Question: Whether, since 1992, they have sought the approval of Parliament for their decision to recover from litigants in civil cases the full costs of the proceedings, including, inter alia, the provision of judges’ salaries and pensions and court buildings; and, if so, when and how.

Answer: My Lords, it has been the policy of successive governments, at least since the 1920s, that the costs of court administration in civil cases should be defrayed by litigants’ fees. Over time, the range of costs taken into account when setting fees has varied. In 1992, the government of the day decided that, in line with general government fee-charging policy, court fees in civil cases should be set to reflect the full cost of providing the service, with the exception of those areas where there is some subsidy. That meant including, for the first time, the salaries of the full-time senior judiciary—circuit judges and above—paid direct from the Consolidated Fund. That decision was not subject to consultation.

Secondary information