header-logo header-logo

23 July 2009 / Peter Thompson KC
Issue: 7379 / Categories: Opinion , Legal aid focus , Personal injury
printer mail-detail

Justice without lawyers

Logic dictates that the personal injury small claims limit will have to rise, says Peter Thompson QC

The Legal Aid scheme was built on the assumption that access to justice depended on legal services being available, just as access to health depended on medical services. 

In both cases the problem was that the majority of people could not afford such services. They had therefore to be provided by the state, initially by the provision of legal aid and subsequently by the setting up of law centres and the like. The thirst for civil legal aid proved unquenchable; eligibility conditions were therefore tightened and the categories of eligible litigation have been restricted.

To fill the gaps, conditional fee agreements (CFAs) have been made lawful; and success fees and after the event Insurance (ATE) have been made recoverable from unsuccessful defendants.

These developments have given rise to two perceived injustices:an unfunded claimant without a CFA or legal aid is effectively denied access to justice; and because of our ancient tradition of shifting winner’s costs on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll