Leading judges criticise court fee hikes as 'another poll tax on wheels'

Top UK judges have criticised the government's plans to raise court fees to fill a £100m shortfall in the justice budget.

The Master of the Rolls, Lord Dyson, accompanied by Sir James Munby and Sir Ernest Ryder, warned of the dangers 'enhanced fees' would have on the justice system when giving evidence to the justice select committee this week.

'I'm afraid, the risk of denying access to justice for a lot of people is so intense in those proposals,' said Lord Dyson.

In condemning the hike, ordered by the previous justice secretary Chris Grayling, the Master of the Rolls outlined the effect an increase in fees would have on claimants being charged more than the administrative costs of the service.

'The users of the civil courts are subsidising the family courts and indeed even the criminal courts. It's something that I personally think is wrong in principle but that principle is ultimately a policy matter as to whether parliament should go down that route.'

Lord Dyson added that people in small enterprises would be deterred from litigation while those with means would not.

The judge remarked that SMEs were 'the sort of businesses actually this government says time and time again they want to encourage because they will be the engine that provides the growth that this country so needs'.

'They are the very people many of whom are most at risk and who are most likely to be put off from starting a claim,' Lord Dyson continued.

The second most senior judge in England and Wales also criticised the research process - in which only 31 calls were made to court users who mainly brought larger claims - carried out by the government prior to the reforms, labelling it as 'lamentable'.

The president of the High Court's family division, Sir James Munby, questioned whether fees would continue to rise until 'another poll tax on wheels' was created.

Munby told the committee that the administrative cost of a divorce was around £200 but that the Ministry of Justice (MoJ) had considered charging £750 to make a profit.

'Those who want to divorce will probably still do so through gritted teeth but it doesn't mean you can keep on putting up the fees,' he said.

Senior president of tribunals, Sir Ernest Ryder, asked the MoJ to explain the 'extraordinary position' that had arisen following a 70 per cent fall in the number of employment claims brought over a year due to the increase in tribunal fees.

Ryder said there was no evidence, as some have argued, that a rise in fees had deterred spurious claims.

Lord Dyson acknowledged that the £700m made available by government to modernise the courts was welcome but said its 'track record on IT projects is not exactly shining'.

Meanwhile, Munby said he was becoming increasingly concerned over whether the MoJ could deliver online courts.

'If it can't be done we are in very big trouble. I have been discussing online divorce with officials for several months now,' he commented.

'I'm disappointed about where we have got to after many months of work. I still have no clear answers to such basic questions as what is the overall timeline for this process.'