delete The Supreme Court Fees (Amendment) Order 2004
Amends the Supreme Court Fees Order 1999 to update fee exemption thresholds and references to child tax credit. Replaces sub-paragraph (i) regarding child tax credit eligibility for court fee relief and increases the financial threshold from £14,213 to £14,600.
Court fee exemption schemes create moral hazard and distort litigation decisions by subsidizing access beyond what pure access-to-justice concerns require. The link to child tax credit eligibility layers bureaucratic tax machinery onto court administration. Incremental threshold increases (here £387) accumulate over time, expanding the exemption class without democratic scrutiny. Access to justice for those unable to pay can be better addressed through targeted legal aid, court cost insurance, or contingency fee arrangements rather than blanket fee remission schemes that reduce court revenue and complicate fee administration. The 2004 amendment demonstrates how such provisions accumulate: inherited from EU-era practice, never critically reviewed, and subject only to ministerial tweaking rather than fundamental reform.