Civil Law Reforms

Recent reforms in the UK civil justice system have regrettably limited access to justice for many. Reforms to court structure and procedure, although well intentioned, have in many cases made court proceedings more onerous and complex, despite being intended to produce the opposite effect.

As such, many are deterred from seeking a legal remedy. Further, the former Coalition government oversaw a slow but subtle increase in court fees- a programme which is set to continue under the current Conservative government.

Other legal reforms have seen a greater emphasis on seeking arbitration, or seeking pre- trial settlements, agreements and resolutions.

Although designed to free up court time, and to reduce the caseload on courts and the legal system, such an emphasis has actually been welcomed by many legal practitioners, and has seen justice been achieved in many cases without recourse to the courts. However, increasing arbitration can be seen to have the effect of denying people access to a court to obtain a legal hearing.

The reform that has given rise to the most outrage and concern has been the infamous Legal Aid, Sentencing and Punishment of Offenders Act. With no legal aid, the cost of going to court had to be carried by the parties involved.

Together with rising courts fees, and all the incidental expenses of the law, the price of getting justice rose to a level that is well beyond the means of the average household in the UK- and there is now no legal aid to pick up the costs. Overnight, access to justice became the privilege of the rich, and not the right of the people. Additionally, law centres and law firms have had to close or merge over recent years. Alternatively, lawyers and the courts have had to be creative as regards fees and funding legal cases.

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