R v Lord Chancellor, ex parte Witham

Facts

New rules removed the exemption from court fees for people on income support, so a poor man could not afford to bring a defamation claim.

Issue

Could the Lord Chancellor, under a general power to set fees, effectively bar poor people from the courts?

Held

No. The rule was unlawful. Laws J held that access to the courts is a constitutional right at common law, which can only be taken away by clear statutory words.

Principle

General words in a statute do not authorise interference with fundamental rights such as access to justice.

Why it matters

An example of rights protected by the ordinary law, as Dicey described.

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