Legal Aid cuts attract further criticism

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19 June 2011

Following from our news article on 28 February 2011 in which we looked at challenges to proposed cuts to legal aid, more judges are now starting to voice their concerns about the cuts stating that the changes will “inevitably increase the risk of justice not being done”.
Although at present legal aid still exists, its demise is looming.  According to the Ministry of Justice, up to half a million people a year (including some of the most vulnerable) will lose their right to obtain legal aid, with approximately half this number being those who would be using the family courts.
How important is it to have legal representation?  As with any type of legal proceedings it is not compulsory to have a solicitor/barrister act for you.  However some research shows that up to twice as many people do not achieve their objective when they do not have legal representation.  
People without legal representation (known as litigants in person) often come into difficulties with the preparation, and presentation of their case as they do not have a sound grasp of the legal procedures involved.  If documents and evidence are not prepared in the correct manner there is a risk that the court will not accept them.  This could in turn increase the risk of justice not being done.
The government continue to defend the cuts on the basis that they are being brought in to reduce the number of lengthy and acrimonious court proceedings that take place, and being funded by the tax payer.  The opposing view to this is that without legal representation and support, some cases could actually take far longer to sort out, causing increased costs to the court.
This begs the question; should everybody have the right to legal representation?  Perhaps this is a question that is best explored another time..?
There are of course other ways to sort out your dispute without having to go to court.  If you would like information on other methods resolving family disputes please call one of our lawyers on 01603 679050 for further information.