Legislation to reduce court fees for certain proceedings in the Court of Protection (CoP) is to be laid before Parliament today (04/07/18).
In a written statement to Parliament, Lucy Fraser QC MP stated that the reduction in the fees would apply to specific proceedings in the CoP and the civil courts, meaning that claimants will pay less.
The reduction comes after a detailed review into the cost of proceedings by the Ministry of Justice (MoJ). Fraser stated that the review identified a number of cases where the fees charged exceeded the full cost recovery levels; as well as the reductions, an additional refund scheme will be established to reimburse those who have been affected.
Further, Fraser also stated that action will be taken to refund those who had been overcharged to commence certain low value personal injury claims. Known as “stage 3” claims, officials are currently working on the details around the types of case affected and how to apply.
The changes are set to affect a number of different areas including certain proceedings in the CoP. Other affected areas include:
- A number of civil proceedings in the magistrates’ court
- Fees for general applications in insolvency proceedings
- Fees charged for High Court judges sitting as arbitrators
The review of court fees is set to be an ongoing process forming part of the MoJ’s ongoing improvements to the justice system, alongside the £1 billion Government investment into Court Reform.
The review will also include the methodology for the setting of fees, in order to minimise the risk of overcharging ever occurring in future.
Fraser concluded by setting out the long term objective of the reform, stating that’s it’s ultimately to ‘to modernise and upgrade the court and tribunal system so that it works even better for everyone, from the victims of crime, witnesses and litigants to judges and legal professionals.’
