Writing Resources
Introduction In 2013 the Parliament enacted the Fees Order 2013 which was implemented by the Lord Chancellor Despite the fact that the order was justified under s 42 of the Tribunals Courts and Enforcement Act 2007 the Lord Chancellor implemented the Order under ultra vires claiming that the order would prescribe fees payable in respect of anything dealt with by the first tier and upper Tribunals or by an added tribunal It was considered a defiance of the rule of law it set a restriction on access to justice through indirect discrimination under the 2010 Equality Act This was therefore challenged and brought to court by UNISON the appellant along with the Human Rights Commision After several calls for judicial review the case was brought before the Supreme Court where they were able to provide substantial evidence for the Order s restrictions of public justice The order was criticized due to its breach of the Magna Carta of 1215 which states We will sell to no man we will not deny or differ to any man either justice or right Lord Reed shared a similar opinion stating The Employment Appeal Tribunal Fees Order 2013 which imposed fees on appeals from employment tribunals is unlawful ab initio under English and European Union law it has the effect of preventing access to justice However Lady Hale interpreted Reed s opinion stating that not all discrimination is unlawful and was consequently not considered direct discrimination in accordance with the Equality Act of 2010 and was therefore rendered indirect discrimination under s 19 breaching EU Law
