Statistics show those owed money are being "priced out of court"

23 August 2016

Businesses and individuals seeking money owed to them are being priced out of court, warns the Bar Council, as figures from the Registry Trust show a 19 per cent drop in county court judgments against businesses in the first half of 2016. 

Statistics from the Registry Trust show that there were 42,091 county court judgments against businesses in England and Wales in the first six months of 2016, a 19% fall year on year. 

Chairman of the Bar, Chantal-Aimée Doerries QC, said: "The courts risk becoming out of bounds for many as the full impact of increased court fees bites. Small businesses seeking debt owed to them by customers, who are often other businesses they supply, can turn to CCJs as a last resort to get the money owed to them, but by increasing court fees the government has cut off those small businesses' only real and last hope of getting that money, which is vital given how important cash-flow is to SMEs They are being priced out of court. 

"In January 2015, when the plan to raise the fee for using the courts was first mooted, we warned that a court fee increase would hit small businesses. We take no pleasure in seeing that warning become a reality." 

The Ministry of Justice increased court fees in 2015 for money claims, which include late payments, debt and compensation. This was a blanket 5% fee on small businesses and individuals bringing claims worth between £10,000 and £200,000, with fees of up to £10,000 payable up-front. The Bar Council pointed out that it represented increases of up to 660 per cent (from £1,315 to £10,000) on the fee payable for a claim of £200,000. 

The latest Registry Trust figures show the total value of CCJs was £149m, a decrease of 12%. The drop in value and number of CCJs is the lowest since before the financial crisis of 2008. The number of High Court judgments fell by 50% compared with the first half of 2015 to 33. 

Chantal-Aimée Doerries QC added: "If the new Cabinet wants to show that it truly backs access to justice for all including small businesses, individuals and families it should review and recognise the real impact which the substantial increase in court fees has apparently had in restricting access to justice." 

Ends 

Notes to Editors 

Further information is available from the Bar Council Press Office on 020 7222 2525 and Press@BarCouncil.org.uk.

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  • The Bar's high quality specialist advocacy and advisory services

  • Fair access to justice for all

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  • The development of business opportunities for barristers at home and abroad.

The General Council of the Bar is the Approved Regulator of the Bar of England and Wales. It discharges its regulatory functions through the independent Bar Standards Board