barmag67 Jan. 2016 | Page 10

p.1 emotional time. Unfortunately, we are no strangers to the effect that increases in court fees can have. Those wishing to pursue employment tribunals were the guinea pigs for fee increases. In April to June this year, the number of claims fell by 67 per cent compared with the same period in 2013, just before the fees were introduced. That means many hard-working people have not had the opportunity to have their case heard. Civil court fees, first increased by the government in March this year despite serious concerns from the judiciary, Law Society and Bar Council, amounted to a 600 per cent rise for some claims. A further increase was proposed fewer than six months later, taking the increase to more than 1,000 per cent in some cases. The Law Society canvassed its members to find out how their clients would be affected. Solicitors told us that people would be put off going to court when they have genuine claims, while those out of work due to injury caused by negligence would not risk losing what little money they had left on court fees, even if they had a strong claim. Our members also told us that small businesses - the backbone that the country’s economic recovery depends on - would suffer as large companies would be given an incentive to deny liability, knowing that the injured parties would not be in a position to fund expensive court fees of up to £20,000 to recover £200,000. Fewer large companies and insurers would settle out of court even if they were clearly liable. Small businesses employed more than 14 million people in 2013 and, according to the European Commission, provided €473 billion or 49.8 per cent of the gross added value of the UK economy. As well as making a disproportionate contribution to job creation they play a key role in growth by driving competition and stimulating innovation. It is right that individuals and businesses pay a contribution to the courts system, but these punitive court fee increases are tantamount to treating justice like a commodity, putting justice out of reach for many ordinary people. Landlords will struggle to recover their properties, couples will face higher fees when going through the stressful process of a divorce and small businesses could buckle under the burden of unpaid debt from larger customers. The story in the criminal courts is no better. The criminal courts charge has been beleaguered since the off. As I write, rumours abound that the government is minded to throw the towel in and scrap the ill-conceived policy. They have just abandoned a multi-million pound tendering exercise for a fine recovery agency to collect the charges. The ill-fated procurement exercise itself wasted £8.7 million of taxpayers’ money. Aside from the futility of charging defendants - often the poorest and most vulnerable in society - far beyond their means, the policy has had a chilling effect on justice. We have heard stories of defendants changing their plea to guilty, because they fear they will wrongly be found guilty and so attract a higher charge than if they were to defend their innocence, sometimes in excess of £1,000. More than 50 magistrates have resigned in protest at the charge. One has been susp