Our Response to the Scottish Government Consultation on Court Fees 2024-2025 

Our Response to the Scottish Government Consultation on Court Fees 2024-2025 

Together with JustRight Scotland and the Scottish Association of Law Centres (SALC), we recently submitted our detailed response to the Scottish Government’s consultation on court fees for the 2024-2025 period. As organisations deeply committed to advancing human rights, equality law, and public interest litigation, we are gravely concerned about the proposed 10% increase in court fees, especially for cases that touch on these critical areas. 

Read the response to the consultation here. 

Summary of Key Points: 

• Access to Justice at Risk: Increasing court fees by 10% would pose significant barriers to justice, especially for marginalised and vulnerable groups. 

• Disproportionate Impact: The proposed fee hike would hit human rights, equality law, and public interest cases the hardest, affecting those least able to afford the added expense. 

• Gaps in Legal Aid: Many people are excluded from the legal aid system, leaving them to shoulder the full cost of legal proceedings, including court fees. 

• Economic Inequality: Justifying the fee increase based on inflation ignores the reality that wages have not kept up with rising costs, making this increase particularly unfair. 

• Inconsistent Fee Policies: Some Scottish tribunals, such as Employment Tribunals, do not charge fees, recognising the need for accessible justice. We believe the same should apply to human rights and equality cases. 

• Undermining Public Trust: Raising court fees can erode public confidence in the legal system by making it harder for people to challenge injustices. 

• Our Recommendations: We advocate for exemptions from court fees for human rights, equality law, and public interest cases, and suggest extending these exemptions to those receiving certain disability benefits. 

The proposed increase in court fees presents a daunting obstacle for many seeking justice. Access to justice is a fundamental aspect of a fair society, and it's safeguarded by international human rights standards, including Article 6 of the European Convention on Human Rights (ECHR), which guarantees the right to a fair trial. This right is meaningless if individuals cannot afford to take their cases to court due to prohibitive costs. 

Our response highlights that the fee increase would disproportionately impact those who are already marginalised. Human rights, equality law, and public interest cases often involve the most vulnerable groups in society. These include survivors of gender-based violence, migrants, disabled individuals, children, and older adults. These groups already face significant financial barriers when seeking legal remedies. Increasing court fees would only deepen these challenges. 

We also focus on the current shortcomings of the legal aid system. While legal aid is supposed to provide access to justice for those who cannot afford it, many people fall through the cracks. The stringent financial eligibility criteria exclude a significant number of individuals who still cannot afford the costs of legal proceedings. These people are left to cover court fees, solicitor fees, and potentially the legal expenses of the other party if they lose their case. This financial burden can deter many from pursuing justice at all. 

Additionally, we point out the economic disparity between the proposed fee increases and the reality of wage stagnation. While inflation has driven up living costs, wages have not increased at the same rate. Using inflation as a justification for increasing court fees overlooks this crucial disparity and unfairly burdens individuals who are already struggling financially. 

Another inconsistency we address is the difference in fee policies across various tribunals in Scotland. For instance, the Additional Support Needs Tribunals and Mental Health Tribunals do not charge fees, recognising the importance of making justice accessible in these areas. Similarly, Employment Tribunals no longer charge fees following a landmark Supreme Court ruling that found such fees to be an unlawful barrier to justice. We argue that the same principle should apply to human rights, equality law, and public interest cases. 

Furthermore, the proposed fee increase could undermine public trust in the legal system. When people cannot afford to seek redress for human rights violations or discrimination, it erodes confidence in the system meant to protect them. It is crucial for the Scottish Government to focus on reforms that enhance, rather than limit, access to justice. 

In our response, we call for the removal of court fees for human rights, equality law, and public interest litigation cases. We also recommend that individuals receiving Personal Independence Payment (PIP) or Disability Living Allowance (DLA) be exempt from court fees, akin to those who qualify for legal aid. 

In conclusion, we strongly urge the Scottish Government to reconsider the proposed fee increases and to focus on policies that ensure equitable access to justice.  

No one should be denied their day in court because they cannot afford the fees. Upholding fairness and equality in our legal system means ensuring that everyone has the opportunity to seek justice and hold wrongdoers accountable, regardless of their financial situation.