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

Court Fees

Question: My Lords, I have three questions for my noble and learned friend. They grow progressively shorter—the last one is very short indeed. First, does the noble and learned Lord the Lord Chancellor recall that the former Lord Chief Justice and the current Lord Chief Justice, both acting on behalf of the Civil Justice Council and the civil justice review, raised strong objections to the civil courts making that recovery on two grounds: first, there was a failure to recognise the collective benefit in the administration of civil justice and, secondly, it seriously weakened access to justice. Secondly, does the Minister recall the decision of the Divisional Court in 1998—Queen’s Bench 575, Queen v. Lord Chancellor, Ex parte Witham—in which, in a very full reserved judgment, Mr Justice Laws said:"““Access to the courts is a constitutional right; it can only be denied by the government if it persuades Parliament to pass legislation which specifically—in effect by express provision—permits the executive to turn people away from the court door””." My final question—

Answer: My Lords, on the first question, whether I recall what the Lord Chief Justice and the former Lord Chief Justice said: yes, I do. The issue that has to be addressed is a balance between charging those who use the civil courts reasonable fees and ensuring that those who cannot afford them are not denied access to justice. We seek to do that by having reasonable levels of fees and, at the same time, providing subsidy for people who would otherwise not be able to come to court. We are consulting on increases in court fees and those very issues will be considered in the course of the consultation. Secondly, do I recall the case in 1998? Yes, I do.

Secondary information

Type: Oral question
Reference: 675 c826
Session: 2005-06
Oral question type: 1st Supplementary
Chamber / Committee: House of Lords chamber
Subjects: Access Courts Civil proceedings Fees and charges Recovery of costs
Link: View this Oral question on www.publications.parliament.uk