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Pearman: tiered fees could help judicial independence

Scott Pearman, the Shadow Attorney-General (Photograph supplied)

An MP has called for increases in court fees for high-value commercial cases to bolster Bermuda’s probate and family courts and help ensure judicial independence.

Scott Pearman, the Shadow Attorney-General, said that the Government should consider the introduction of a tiered fee structure for the commercial courts, with higher fees for cases of greater financial value.

Speaking after the Budget debate for the Ministry of Justice, he said that the One Bermuda Alliance would like the courts to be “liberated” financially and a fee change would support such a move.

Mr Pearman explained: “We want to better ensure the independence of our judiciary by taking away the running of their budget from the Government and the consolidated fund. Other jurisdictions in the south have done this.

“The reason we say that is there are possible areas where the courts could become more of a revenue centre.

“One of the ways we would like to better generate revenue is to introduce tiered fees in the commercial courts. This is something the UK has been doing since the late 1990s.”

Mr Pearman said the idea would be to vary fees based on the value of the case, noting that the island’s position as an international financial hub meant that many high-value cases were decided in Bermuda.

He said: “It’s something we should look at as we have got some of the highest value cases being decided in Bermuda, sometimes in the hundreds of millions or billions.

“Why not have a tiered fee system where these large cases help to support the running costs of the court?”

Mr Pearman added that the revenue could then be used to support the Family Court or the Probate Court, which can have a significant impact on Bermudian families.

He said: “This is a great opportunity to provide a better support system to the courts and make sure that the courts are working for us and help to rebuild trust and confidence in the court system.”

Mr Pearman brought up the suggestion in the House of Assembly during the Budget debate last Monday.

Dennis Lister III, the Junior Minister of Justice, said Kim Wilkerson, the Attorney-General appreciated the need to protect judicial independence.

He added: “The issue of tiered fees is one that will be raised and discussed with the Chief Justice.”

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Published March 09, 2026 at 7:59 am (Updated March 09, 2026 at 12:08 pm)

Pearman: tiered fees could help judicial independence

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