Court fee increase would have impaired personal injury claimants’ access to justice, argues FOIL


The Forum of Insurance Lawyers (FOIL) has “strongly endorsed” the Ministry of Justice’s proposal to exempt personal injury claims from its planned hike of court fees.

While opposing the plans for the court fee increase in general, FOIL noted that the Ministry of Justice recognises that personal injury claimants do not fit the category of “large multi-national companies and wealthy individuals” it believes can afford higher fees.

FOIL said in a statement: “A personal injury claimant bringing a claim for more than £200,000 will almost inevitably have suffered a life-changing injury and a loss of income and, even with remission of fees, any further increase in court fees is likely to have a severe impact on their access to justice.”

FOIL believes that increasing court fees for personal injury cases could backfire on the government.

It said the cost burden in successful cases will often fall on the defendant and, in many cases that will be government itself in its role as a major compensator, as well as insurers and local government.

Foil also restated its long-held opposition to court fee rises in general.

Consultation for the MoJ’s plans to increase court fees closed on 15 September.