We need to talk about court fees. As of Thursday, fees across Scottish civil courts have increased by a minimum of 10% and often even by 20%. Why should we care? Well, one of the first things people often say when they come to their local Citizens Advice Bureau with a legal problem is, “What will it cost me? I don’t have the money.”
This is what happened to Julie (not her real name), a mum of three who came to an East of Scotland CAB looking for help. Julie had received a letter from court starting proceedings against her to recover a significant loan. She had acted as guarantor for a friend and her husband, but the couple then separated and stopped paying the loan, which meant that Julie as the guarantor was now liable.
Julie lives with her estranged partner and their children in a mortgaged property. She works full-time for a low wage, while managing mental ill health. Although her family home is at risk, Julie does not qualify for an exemption from paying court fees, but she has been unable to respond to the court action as she can’t afford the cost.
Does this seem fair to you? We don’t think so. Yet Julie’s story is all too common, and the fact that fees are even higher now will mean more and more people will be priced out of the system.
With people across Scotland struggling to make ends meet and pay essential bills, many couldn’t afford to pay the old court fees - never mind the higher fees now. At the crux of this lies a simple issue: these fee increases will create an additional barrier to accessing justice in Scotland.
The CAB network provides advice to the public, informs people of their rights and responsibilities and empowers them to navigate complex systems to resolve their issues. Our aim is to prevent detriment and help people pursue recourse when things go wrong. As part of this we routinely support people in accessing justice, whether that’s navigating the legal aid system or a complaints process or by providing advice to clients in court who are unrepresented.
So for us there’s a key principle here about ensuring that everyone is equally able to access independent courts, get a fair hearing, and obtain effective legal remedies. Access to justice is both a fundamental right for everyone, and central to a democratic society.
Raising court fees when so many in Scotland are still struggling with the effects of a cost of living crisis makes it harder for people like Julie to exercise that right. We need a fair justice system in Scotland that enables people to access support and resolve problems when things go wrong. Only then will rights be more than ink on paper and realised in practice.
As a country we need to take a hard look at the barriers to accessing justice in Scotland today. Julie’s difficult journey, alongside those of many others, should inspire change around how and what court fees are being charged and the way the legal aid system works. We at CAS will continue to advocate for that change, using our evidence base – including cases like Julie’s - to ensure that no one in Scotland is priced out justice.
Hyo Eun Shin is part of Citizens Advice Scotland’s Strong Communities team.
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