Peter Thompson QC contends that setting aside a default judgment should be a free service
The right to be heard. It is older than the Human Rights Act and older than the Convention. It goes back to the days when lawyers spoke Latin: audi alteram partem. It is one of the twin pillars of natural justice that are now incorporated in Art 6 of the Convention and in our black letter law: “In the determination of his civil rights…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”
So what about court fees? Should the right to a fair and public hearing mean that access to the courts and tribunals should be free at the point of use, like other public services? This is the case in the social security and child support tribunals; and the recent introduction of hefty fees for access to the employment tribunals as well as a major hike in court fees has been sharply criticised in Parliament by the Justice Committee as effectively
