New consultation published with a view to a single system for all courts as part of the Government’s strategy ‘to protect access to justice’
The Ministry of Justice has published a consultation paper outlining plans for a single system for assessing whose courts fees should be remitted. The review has been prompted by three factors wh.ch they identify as
the potential operational benefits presented by a single system across the civil and tribunal business; the need to amend the system in light of the changes to the welfare system; and a desire to improve upon the existing system
It is also part of the long term strategy that fee income should cover all costs of providing civil justice through the courts minus any income foregone to the remission system.
The aim is that the same fee-remission criteria will apply in all fee-charging civil courts with the exception of First Tier Immigration cases, so that includes the Family Courts, Magistrates, High Court, Court of Appeal and Supreme Court.
If the proposals are implemented it would mean that there is a two test system; a disposable capital and an income test. The applicant would have to satisfy both of them to qualify for remission.
SOURCE: Family Law Hub