Lawyers file protest against 'unprecedented' spike in judicial costs

In the protest filed today, the plaintiffs state that the new fees and tariffs are illegal and abusive due to the fact that parliament has not yet approved any law bringing these new tariffs into effect

A group of 45 lawyers have filed a judicial protest claiming that the registry of courts has been charging tariffs which are higher than those laid down in the law.

The protest was signed by lawyer Edward Debono, which was filed on behalf of the group against the director general of the courts, the registrars of the Civil and Criminal courts and tribunals, the minister of justice and the permanent secretary of the ministry of justice.

It  claims that from the beginning of this year, the registry of the courts has started to demand clients fees and tariffs that are different from those mentioned in the Code of Organisation and Civil Procedure.

Lawyers have privately explained that, on average, court fees have gone up by €200 and have described the imposition of tariffs without a legal basis as “completely unheard of.”

In the protest filed today, the plaintiffs state that the new fees and tariffs are illegal and abusive due to the fact that parliament has not yet approved any law bringing these new tariffs into effect. A proposal for a change in tariffs is understood to have previously been tabled, but had not been approved.

Describing this as “illegal, unprecedented and damaging behaviour that goes beyond the scope of their powers,” the protest claims that the new fees are exposing lawyers to claims for damages from their clients, as the clients are being charged different amounts to those prescribed by law.

It calls on the defendants to stop charging the higher tariffs and refund their clients with the amounts which the court has illegally received or face legal action to recover the excess paid in fees, together with damages.