A 40% uplift in fees is proposed, accounting for inflation since the fees were last set in 2011.
The MoJ aims to simplify the fee structure, combining the fees for initiating an appeal and submitting the key facts, and combining and uplifting the fees for costs.
It proposes removing the distinction between devolution jurisdiction case and civil case fees, which are set at a higher rate. It states, in its consultation document, ‘We do not see any reason why litigants bringing claims relating to the court’s devolution jurisdiction would be any more financially vulnerable than litigants bringing civil appeals’. There have been ten devolution applications in the past five years.
Affordability provisions such as the statutory fee remission scheme and the Chief Executive’s discretion to reduce or remit fees will be unaffected.
Respond to the consultation, Reforming fees in the UK Supreme Court, by 11:59pm on 27 November.