Indeed, even the respondent, as well as some of the other provinces, conceded that at some hypothetical level,
hearing fees would be so high as to prevent superior courts from having any litigants before them, thus infringing this core jurisdiction, although they argued that the
fee regime at issue was not problematic in this way.
Unison challenged the lawfulness of the introduction of the
fee regime by way of judicial review in a claim that was
heard by the High Court and in which judgment was handed down on 7 February 2014 (Unison 1 [2014] EWHC 218).