rishard.khan@guardian.co.tt
Members of the legal fraternity are expressing concern about a proposal from the Rules Committee for increased court fees with one group calling for the committee to “hold its hand.”
Responding to a report published in the Sunday Guardian, President of the Assembly of Southern Lawyers (ASL) Michael Rooplal said the group was never consulted about the proposal.
“Had the ASL been consulted, the ASL’s position is that any such increase, and certainly to the purported extent highlighted in the said Guardian article, is ill advised and unjustified at this time,” he said.
“A fundamental tenet of any democratic state is the ability of its citizens to access justice. The social and economic reality in Trinidad and Tobago at this time is that many of our citizens are still reeling from the economic fallout from the COVID-19 pandemic and are facing significant financial hardship. Many persons in society simply cannot afford legal representation and the suggested increase in court fees will only exacerbate this situation.”
Rooplal urged the committee to “hold its hands” on the proposed increase and instead engage in meaningful discussions with stakeholders, including legal practitioners and civil society.
Presidential candidate Israel Khan, SC, during an interview at his law chambers, Abercromby Street, Port-of-Spain, on Friday.
NICOLE DRAYTON
President of the Criminal Bar Association Israel Khan said he is yet to consult with his members but admitted that he is concerned about the proposal. Like Rooplal, he believes it will negatively impact on citizens.
“It is very difficult for people seeking justice, both potential plaintiffs and respondents and/or defendants.
“With the harsh economic situation facing the citizenry it will make it more difficult for citizens to access justice.
“The Criminal Bar Association will be taking a close look at the new regulations and will make an appropriate statement in time,” Khan said.
President of the Law Association Sophia Chote was contacted for comment on the issue but said she needs to consult with her members before making any statements on the matter.
The amendments proposed by the Rules Committee involve costs associated with all phases of litigation in the High Court, including the commencement phase, defending a claim, third-party claims, interim applications, the trial phase, the appeal phase, admiralty claims, enforcement proceedings and writs of habeas corpus.
An average increase in court fees of 520 per cent was suggested for the electronic filing (e-filing) of documents, while an average hike in court fees of 1,153.5 per cent was put forward for the paper filing of documents.
The suggestion to amend fees are contained in a proposed amendment of the Civil Proceedings Rules, The Civil Proceedings (Amendment) Rules 2023.