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Law Society Critical of Justice Fee Changes

The Law Society of Scotland has joined the Faculty of Advocates in criticising plans to make litigants fund the civil justice system through court fees.

The Society said the proposals would damage access to justice, particularly for vulnerable people and those bringing forward personal injury cases.

In its response to the Scottish government’s consultation on Scottish Court Fees, the Law Society said any move towards full cost recovery should be avoided and that the state has a duty to help people in achieve “equality of arms” in the courtroom.

The Society also stated that a proposal to introduce a 24 per cent rise in court fees would be “unjust and unjustifiable”.

In a separate response, the Faculty of Advocates suggested requiring a person to pay expensive court fees could be a breach of article 6 of the European Convention on Human Rights.

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