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Profit & loss

05 February 2015 / David Greene
Issue: 7639 / Categories: Opinion , Procedure & practice , Profession
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With the hike in court fees the government will make money at the expense of justice, says David Greene

It’s that time of year again; the annual hike in court fees to achieve the oft-stated goal of making the courts pay for themselves or, as some may see it, making the less well-off pay for our civil justice process. This year, however, there is a difference. It lies deep in s 180 of the Anti-social Behaviour Crime and Policing Act 2014. Civil court fees and crime may seem an odd mix but the Act is one of those modern legislative behemoths that is home to a disparate group of legislative hangers on. Much like the Consumer Rights Bill now on ping-pong from Commons to Lords.

Sea change

Section 180 marks a sea change in court fees because, contrary to established policy, it allows the Lord Chancellor to make a profit out of the fees charged for seeking the public court to resolve a dispute, or again as some might put it, securing access to justice.

The application of the section has allowed the

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