HL Deb 18 October 1995 vol 566 cc94-5WA
Lord Lester of Herne Hill

asked the Chairman of Committees:

In respect of the new fees payable for petitions for leave to appeal to the House of Lords, (a) what is the amount of the new fees, (b) upon what basis they have been calculated, and (c) what measures are proposed to ensure that the new fees do not operate unjustly or unreasonably to restrict access to justice.

The Chairman of Committees (Lord Boston of Faversham:

  1. (a) From 1 November 1995 the fees payable on petitions for leave to appeal will be:
    • Presentation £500
    • Entering Appearance £100
  2. (b) I refer the noble Lord to paragraph (c) of my Answer to the next Question.
  3. (c) As the noble Lord will be aware, the House agreed to a new Judicial Standing Order on 17 October the purpose of which is to give the Appeal Committee power to waive, modify or suspend fees, either wholly or in part, in any case where the Committee are of the opinion that the requirement to pay such fees might cause hardship.

Lord Lester of Herne Hill

asked the Chairman of Committees:

In respect of the new fees payable for petitions of appeal to the House of Lords, (a) what are the amounts of the new fees, (b) what percentage increase do they represent over the previous scale of fees, (c) upon what basis the new fees have been calculated, and (d) what measures are proposed to ensure that the increased fees do not operate unjustly or unreasonably to restrict access to justice.

The Chairman of Committees

(a) and (b)

The following fees will be payable on appeals from 1 November 1995; the percentage of the increase over the previous fees is indicated in square brackets:

£ Percentage
Petitions of appeal—(mandatory fees)
Presentation (following successful petition for leave to appeal) 500
Presentation (not following petition for leave) 1,000 [1,370]
Entering appearance 200 [2,400]
Lodging statement and appendix and setting down 3,000 [726]
Petitions of appeal—(occasional fees)
Waiver of security 100 [488]
First petition for extension of time 200 [488]
Second petition for extension 300 [782]
Third or subsequent petition for extension 500 [1,371]
Other interlocutory petition, if agreed 200 [488]
Any interlocutory petition, if opposed 500 [1,150]
Judgment Order 0

(c) The new scale of fees is intended to reflect the perception that previous fees were too low in relation to the average of all costs of an appeal to this House. I refer the noble Lord to the debate on the previous uprating (13th June 1994, H.L. Deb., col. 1438). In setting new levels the intention is that the fees should not, on average, represent more than 5 per cent. of the total costs to the paying party, but that they should contribute significantly to the costs of the administration of the judicial functions of the House.

(d) I refer the noble Lord to paragraph (c) of my Answer to his previous Question.