Ministry of Justice's controversial trial fees nothing more than an unnecessary tax, claim concerned litigators

Senior figures within the profession are speaking out against trial fees, it has emerged, with many advisers already branding them an unnecessary tax that could lead to the demise of the UK's much-vaunted civil justice system.

A number of leading litigators are outraged after the Government announced plans to introduce controversial hearing fees in a move that has fuelled concerns about the future implementation of daily fees to make the civil courts a self-funding system.

Giles Goodfellow QC of Pump Court Tax Chambers told Legal Week the move risks depriving consumers of a vital service.

He said: "You pay tax, but when you avail yourself of a service that the Government used to provide for free [such as] a core state function to resolve civil dispute, you then have to pay again."

The latest outbursts come after newly-installed Minister of State for Justice Jack Straw forced through the plans using statutory powers in the wake of the Government's latest consultation on civil court fees, which took place between April and June 2007.

The results of that consultation are due to be published on 1 October – the same day that several new court charges are to be introduced, including individual hearing fees of £500 for fast-track cases and £1,000 for multi-track cases.

Clifford Chance partner and London Solicitors Litigation Association president Simon Davis said: "Are we setting out to market English courts as a place where [litigants] should come? The message with court fees is that they are not welcome."

Herbert Smith disputes partner Ted Greeno warned: "It is a vicious circle – if court fees are put up more and more, litigants will be discouraged and then revenue will fall. When the number of claims falls, they put fees up."

After fierce opposition, the Ministry of Justice has now delayed the proposed pilot scheme of its daily court fees programme, which was set to be introduced in October. However, critics warn that the Government has not permanently shelved the plans and could revisit them in the near future.

Lovells dispute resolution partner Graham Huntley said: "The fees being proposed in October are relatively modest – the real point is that the door has been opened and can become wider and wider."