The Supreme Court is pleased to announce that the Chief Justice in exercise of the power conferred by section 2 of the Court Fees and Expenses Act 1971 makes the subject amendment Rules which increase the fees to be paid in relation to the performance of any function by a court or an officer.
The fees that litigants are required to pay into the Magistrates Court to commence a new action and/or at certain intervals, to continue an action already underway are being increased by these amendments effective 1st August 2024.
These particular fees of the Magistrates Court have not increased in almost 60 years. However, contrasted against this static position is today’s increasing tendency of litigants to pursue legal action. These litigants are also increasingly sophisticated. Their cases are more complex. Higher volume and variation of proceedings are routinely being instituted.
These demands increase time and work expended by administrative staff to process proceedings. The increased costs of office supplies is another cost-incurring factor. Additionally, resources are required to counter ever-changing threats to the safety and well-being of all those connected to the judicial system including litigants, judges, bailiffs, counsel and witnesses.
The Supreme Court fees, Court of Appeal fees, and the Civil Appeals fees have increased. These Court Fees and Expenses Validation Rules are the last round of fee increase amendments. They finalize the necessity to increase and modernize the existing judicial revenue stream shortfall of fees collected by the Courts. Rectifying this shortfall can only be beneficial to the welfare of the entire community for the positive impact it will have on the administration of justice.
Moreover it will come as no surprise that research has shown that Bermuda’s current fee schedule for payments into the Magistrates Court is remarkably low when compared to other British Overseas Territories. The increase of fees will put this jurisdiction on par with similar jurisdictions such as The Cayman Islands
The Chief Justice thanks the Registrar of the Supreme Court and all public officers and stakeholders who contributed to the implementation of this milestone.
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