Submitted on Wednesday 14th September 2011
Published on Thursday 15th September 2011
Current status: Closed
Closed: Saturday 15th September 2012
Signatures: 3
Make ALL losing defendants pay court fees.
If a claimant in the 'small claims track' wins his case it is usual for the defendant to be ordered to pay the claimants court fees.
If the same claimant has had his fees waived by using form ex160 then the defendant gets 'off' the fees even thoug he may be perfectly able to afford them.
The ex160 is there to help those who can not afford access to justice, get justice.
It is not there to get a reduction in penalty for those who are financialy secure.
I propose that judges be enabled to make an order that losing defendants are to pay an amount equal to the waived fees into the court. To protect the claimant, such fees should be secondary to the main order.
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