CITIZENS Advice Scotland has warned all Scottish MPs that the
Government's proposed new fee structure for Scottish civil courts will
threaten ''access to justice for all but the richest and poorest
citizens''.
CAS, the Scottish Association of Citizens Advice Bureaux, claims that
under the proposals the court fees in a typical defended divorce case
would rise by 577%.
CAS claims that the present fee for a defended divorce is #40 for
lodging the initial writ, whereas the new fee structure would involve
the following costs: initial writ -- #70; Motion (interim
interdict/aliment/custody) -- #21; Certified Copy Record -- #53; Fixing
of proof -- #53; Proof (second day) -- #53: Motion (specification of
documents) -- #21. This would make a total cost of #271. It claims that
clients wishing to obtain a court order with regard to access or custody
of children, or to raise an interdict to protect themselves and their
children from violence, will have no option but to face the increased
charges.
CAS also fears that clients might be dissuaded from defending
themselves in court because of the risk of incurring a huge bill for
court and legal fees.
Mr Martyn Evans, chief executive of Citizens Advice Scotland, said:
''If these proposed charges are implemented, they will have a
devastating effect on the ability of our clients to use the judicial
system.''
Mr Bruce Ritchie, a depute secretary of the Law Society of Scotland,
said it was concerned not only about the size of the increase in fees,
but also the introduction of new fees previously not required.
A spokesman for the Scottish Office said that the Sheriff Court Fees
(Amendment) Order 1993 had been laid before Parliament last week and it
would have to sit for three weeks before becoming law. The new fee
structure would be imposed from January 1.
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