Increasing Court Costs – is it time to look at alternative dispute resolution options?

27th November, 2024 by Chloe Bayliss

Why have court fees risen?

The pressure that the court system is under is rising. This pressure is due to the court system not having enough staff, there being an increasing number of Litigants in Person and more cases being brought before the court. The Government has attempted to address the issue of there not being enough court staff by increasing court fees. This allows for more financial resources to go into the judicial system in an attempt to increase court staffing and reduce the burden on the taxpayer.

In recent years, there has been an increase in court cases being adjourned at short notice due to a lack of judicial availability. This can have a damaging effect on parties who have patiently waited for a court date, only to find that a few days before their hearing date, their hearing is adjourned from the list. There has been a notable increase of cases being withdrawn, which is costing people a lot of money. This is because if they don’t find out that their hearing has been vacated until the last minute, barrister’s fees are deemed payable and therefore they still have to pay this fee despite not having a hearing.

What applications have been affected?

Court fees had not been subject to an increase since 2021 however, as of 1st May 2024 all family law fees have been increased save for the Divorce application fee which remains at £593.

Financial Remedy Proceedings have increased to £303, and the filing of a Consent Order have increased to £58. The fee for a Child Arrangements Order has increased to £255.

What does this mean for family court users?

The increase in court fees and the current wait times from issuing proceedings to a hearing poses the question as to whether court users should be more proactive in considering Alternative Dispute Resolution (ADR) as an option and whether the increase in court fees is sufficient to eradicate the above issues. It could be argued that they are not sufficient, in which case the Government might consider increasing court fees further, which may get to a point where the court fees themself are unaffordable.

Although increasing the court fees may start to help deal with the problem at hand, they are not enough to bring an end to the lack of judicial availability and wait times completely. There is therefore merit in looking to Non-Court Dispute Resolution (NCDR) methods when considering how to handle your matter.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution is a term used to describe a range of processes that parties who are separating can use to settle any disputes that arise, specifically children and financial issues within family law.

There are several alternatives to court litigation that will assist parties in reaching a concluded agreement;

Round Table Meetings – Parties and their legal representatives can meet with the objective of seeking a mutually acceptable resolution.
Collaborative Law – This is similar to a round table meeting however, there are a series of meetings that take place at a pace and agenda that you decide. Parties to collaborative law have meetings together with their solicitors, with the aim being to allow people to resolve their own issues. Full financial disclosure will take place and experts can be instructed if required. The difference with collaborative law compared to other methods of ADR is that your solicitors are present, helping you to work together as a couple to bring about a solution. Justine Flack and Gemma Evans within our family team are trained Collaborative Family Lawyers who would be able to assist you.
Mediation – An Independent, professionally trained mediator helps you to work out arrangements for children and finances following separation. This can be less stressful and quicker than going through court. The difference with this method of resolution compared to Collaborative law is that your solicitors are usually not present during the meetings that take place with the mediator, it is only the parties that are present. A mediator is also not able to give legal advice.
Private FDR – If you are already within the court process to deal with your matter, instead of having a court led Financial Dispute Resolution hearing, you might want to consider having a Private Financial Dispute Resolution hearing instead. The format of the hearing is very similar to that of a court led hearing, except you and the other party have the choice of who you appoint as a Judge and the cost of the Judge is usually split equally between both of you. Rather than only having a Court Judge for a number of hours within the day, your selected Judge will have all day to assist you with your matter and will have had more of an opportunity to consider the documents that your solicitors have submitted to them. Within a Private hearing you are also able to hold this at a venue of your choice, normally your solicitor’s offices or barrister’s chambers, this means that you are also not governed by the Court opening times to negotiate a settlement with the other party.
Arbitration – Parties enter into an agreement under which they appoint an arbitrator to adjudicate a dispute, which is very similar to the way that matters would be dealt with in the court arena. The arbitrator would hear evidence and submissions from both parties and their barristers, before making an award, just as a Judge would. The arbitrator is selected on a joint basis and therefore you have some control over who you instruct. Similarly to a Private FDR, as you select the Judge and the date that the arbitration takes place on you do not wait as long as you would in the court arena therefore, you will reach a resolution quicker.

Although there are costs that are associated with the ADR methods discussed above, you can work at your own pace and any meetings or discussions can be arranged to suit you.

If we can assist you, please contact a member of our family team here.

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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