CAS responded to the above consultation by the Scottish Government.
Key points from our response:
- CAS does not agree with the suggested minimum 10% increase across all court fees in Scotland from 1 November 2024. We have serious concerns about the negative impact of the proposed uplift in court fees on the realisation of the public’s right of access to justice, especially for those on lower incomes, those who are vulnerable and/or share a protected characteristic.
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While it is legitimate for the government to impose fees for bringing court proceedings, no-one should be excluded from accessing justice on grounds of cost. Enabling everyone to protect and enforce their rights by seeking resolution before independent courts where necessary constitutes an essential component of the rule of law, which benefits society as whole. The constitutional right of access to the courts for all can therefore not simply be reduced to the potential benefit for the individual court user who should pay to use it.
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Any (uprating of) court fees should be assessed against the real risk that people could effectively be prevented from having access to justice. Whether a minimum 10% uplift across all court fees in Scotland for 2024-25 is realistically affordable for all, must be considered in the context of significant inflationary pressures and the current cost of living crisis which continues to negatively affect the great majority of people in Scotland.
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At a time when there are many people having to make difficult decisions about heating or eating, about keeping the lights on or using medical equipment necessary to manage chronic illness, paying their bills or their rising rents and mortgages, many potential litigants would likely struggle to raise the current court fees, regardless of the proposed 10% increase to fees. It is important to emphasise that access to justice is not only at risk where access to the courts is completely impossible but also where fees could render it practically futile or irrational to bring an arguable claim or defend one’s rights and seek justice before the courts.
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We also do not agree with the proposed additional 10% on certain civil court fees. It remains unclear why these specific fees have been selected for a further uplift and what the additional 10% increase is based on. No explanation or justification is offered in the consultation paper.
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An evidence-based approach to the issue of fee increases is required. A balance has to be struck between genuinely incurred cost increases on the part of the courts system and the implications of any suggested fee increases on those who need to seek access to the courts. We believe introducing a minimum 10% uplift to all Scottish court fees from 1 November 2024 would likely act as a substantial barrier to accessing justice. The proposal should, therefore, be abandoned.
To read the response in full, please download the document below.