A significant increase in court fees is now in the cards. The amendments proposed by the Rules Committee of Trinidad and Tobago 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, as well as 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 comes from the Rules Committee in the proposed amendment of the Civil Proceedings Rules, entitled “The Civil Proceedings (Amendment) Rules 2023.”
Guardian Media has obtained a copy of the proposed amendment to the rules.
The Civil Proceedings Rules govern the procedure and practice to be followed in the civil division of the Court of Appeal and the High Court of Justice.
In response to the proposed fee hike, former attorney general and Senior Counsel Ramesh Lawrence Maharaj warned that if the increases are made law, it would impose heavy burdens on litigants to pay ‘vast increases’ in the sums of monies to the court to file claims, defences and other connected proceedings.
He believes that it would also make it more difficult for lawyers to assist some litigants in having their claims pursued, or their defences considered by the court or their appeals heard by the courts.
“It is my hope that the Rules Committee would suspend its efforts to make these rules effective and instead have these proposed rules circulated to members of the legal profession and civil society in order for a wider cross-section of the legal profession and members of the public making representations to the Rules Committee.
“The Rules Committee would then have the benefit of those representations and can consider them before it makes a final decision in respect of the proposed amendments,” Maharaj said.
The volumes of these proposed price rises, Maharaj said, show that the percentages of the increases are extremely high.
“In some cases, it is a 4,900 per cent increase, a 3,900 per cent increase, a 1,900 per cent increase, a 1, 100 per cent increase and a 900 per cent increase,” Maharaj told the Sunday Guardian.
The former attorney general said the proposed amendments also state that if a litigant fails to pay the increases of the filing fees to the court, it could result in their claims, defences, counterclaims or appeals being removed from the list of cases.
He believes this could ultimately result in their claims, defences or appeals being struck out, requiring litigants to apply for their proceedings to be reinstated.
Among the proposed increases include the fee to be paid by litigants to the court to file a civil claim increasing from $50 to $500 for an electronic filing or $1,000 for paper filing; the filing fee for a defendant in a civil claim entering an appearance at a civil claim against them increasing from $10 to $100 for E-filing and $150 for paper filing, as well as the fee for a litigant to file a defence to a claim from $20 to $100 for E-Filing and $150 for paper filing.
If the hike in cost is approved, the fees for a defendant to file a defence and counterclaim would increase from $20 to $500 for E-Filing and $1,000 for paper filing, while the sums to be paid for the enforcement of judgements, which ranged from $10 to $30, will range from $50 to $100.
“At the present time, there are no court fees to be paid for case management conferences to be held by the court in civil matters, but the proposed amendment will impose upon the litigants to pay the court fees ranging from $100 to $400 in respect of E-Filing and $200 to $800 in respect of paper filing.
“In respect of the trial phase of the civil claim, at present, there is no fee to be paid by a litigant to the court in respect of a pre-trial review but now with the proposed amendments, there would be payment by a litigant to the court ranging between $800 to $1,000 for E-Filing and $1,000 to $2,000 for paper filing,” Maharaj added.
While the current cost to request a registrar to sign a deed is $50, under the changes the costs would increase to $300 for E-Filing and $600 for paper filing.
The cost for executing a writ of possession—that can enforce a judgement or order for the giving of possession of land—would increase from $20 to $100.
To apply for a writ of habeas corpus (a writ requiring an arrested person to be brought before a judge or into court, particularly to secure the person’s release unless lawful grounds are proven for their continued detention) would increase from $20 to $100 for E-Filing and $200 for paper filing.
The cost of sealing a bankruptcy notice would increase from $5 to $100 for E-Filing and $200 for paper filing, while the cost of sealing a bankruptcy petition will increase from $50 to $500 for E-Filing and $1,000 for paper filing.
The Rules Committee is empowered by Section 77 of the Supreme Court of Judicature Act, but Section 78(4) of the act gives Parliament the power to pass a negative resolution to prevent the Rules of Court from becoming effective legally.
The Law Association was contacted but there was no response up to late yesterday.
Sunday Guardian also reached out to the Judiciary for a comment, but there was no response.