Plans by the Northern Ireland Courts and Tribunal Service to hike court fees could impact those wanting to make claims of medical negligence. 

The Association of Personal Injury Lawyers (APIL) has warned that plans to hike court fees in Northern Ireland will impact those wanting to make claims of medical negligence. 

The Northern Ireland Courts and Tribunal Service (NICTS) wants to increase court fees in civil claims by a total of around nine per cent over three years, starting in 2026. And after these rises, it proposes annual inflationary increases.

“Access to the justice system should not depend on whether you can afford to issue court proceedings or not,” said APIL Northern Ireland representative Sabrina Lawlor.

“Anyone can become a victim of a negligent employer or a reckless driver. People who suffer needless injuries must have access to the civil justice system to get the redress they need to put their lives back on track,” she continued.

In its response to the consultation on the changes, APIL said: “The whole of society benefits from the functions of the court, not just the direct users, and as such should be largely funded by the taxpayer. Most people go to work safe in the knowledge that if they are negligently injured in the course of their employment, they are protected by the law and the impartiality of the court system, which enforces the law.”

Lagging inflation

APIL said it is also concerned that county court scale fees – the fixed amounts courts can order a losing party to pay the winning one for their legal expenses – have significantly lagged behind inflation. 

“The failure to review scale costs has left many law firms chronically underfunded during a period of extraordinary inflationary pressure,” said Lawlor. 

Firms representing victims of negligence often have to pay the initial costs of pursuing a case, such as the court fees and medical expert fees. The combination of inadequate scale costs and rising court fees has a significant impact on a firm’s ability to do this. It’s a double hit on legal professionals and the vulnerable people they represent, she continued. 

“The lack of efficiency in the court system also means that solicitors are paying costs upfront, and the time taken to resolve the case (and get those costs reimbursed) is too long. If there is no improvement in the efficiency, again, this may lead to some firms struggling to take on cases,” APIL warned in its statement.