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11 September 2014 / Peter Thompson KC
Issue: 7621 / Categories: Opinion , Legal aid focus , Legal services
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Fee remission: the new legal aid?

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Could fee remission mitigate the legal aid drought? Peter Thompson QC offers some tips

Denying a litigant access to a lawyer is to deny him access to justice. Every lawyer knows that. But we now have another impediment to justice that is becoming increasingly prominent—payment of the court fee. This requirement now runs across all civil litigation in the courts and also the employment tribunals. It is not chicken feed. Take claims within the small claims limit. A claimant owed £3,001 has to pay £540 for a day in court and for a claim of £5,001 the levy is £790. And the defendant with a judgment in default has to act promptly not just to apply to set it aside but also to get £155 together to pay Her Majesty’s Courts and Tribunal Service.

Civil legal aid used to cover payment of the fees as part of the government-funded service. But today almost all the funding has been withdrawn for contract cases: all that remains is a litigation subsidy in the form of fee remission. In the bad old

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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