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07 January 2016 / David Greene
Issue: 7681 / Categories: Opinion
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​New year: same headache?

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David Greene welcomes the government’s recent U-turn on upping civil court fees but fears the reprieve may be short-lived

2015 ended on a high note with a piece of good news from the Ministry of Justice (MoJ) telling us that the increase in the court fees cap that had been proposed is not to proceed for the time being. The government’s response paper painted a picture of wholesale opposition to the increase. Of 110 responses, 103 disagreed with the proposal. Even with that opposition, one always wonders whether it makes any difference. On this occasion it seems to have done so. Perhaps, however, it is a short lived reprieve. In any event civil courts may have achieved a reprieve but many of the proposed increases of fees in other tribunals are being implemented.

Domestic & international arguments

Two arguments always surround the issue of court fees, one domestic and the other international. The domestic question is the balancing exercise between a civil justice process that pays for itself (thus meeting the Osborne goal of an economy in surplus) and the level at which fees affect

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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