Will
Emma
Vincent
Miller argues
that justice is a
non-negotiable
necessity - even
in the face of
austerity.
legal aid cuts damage
access to justice?
I
n December 2011 the Rolls Building opened its doors
and in doing so cemented London’s position at the heart
of the global legal services market. Costing £300 million,
this was a state-of-the-art Court complex unlike any other.
A stomping ground for Forbes list regulars where specialist
judges preside over the financial disputes of the super-rich.
The inaugural case, between Russian oligarch Boris Berezovsky and Premier League football club owner Roman
Abramovich didn’t disappoint.
The commercial law boom has not, however, been
enjoyed by all legal service providers. Smaller high street
firms are facing tough times ahead due to sweeping cuts
in civil Legal Aid, which come into force in April. These
will be the most dramatic cuts our legal aid system has ever
seen. Currently funding is available to all those who come
under a certain income bracket, but the Legal Aid, Sentencing and Punishment of Offenders Act 2012 will deny many
the legal advice to which they would previously have been
entitled. According to the Ministry of Justice, “at more
than £2.1bn per year, we have one of the most expensive
legal aid systems in the world, which in the current financial climate we just cannot continue to afford”. However,
maybe this is a price worth paying in order to ensure access
to justice and maintain the reputation of the English justice
system as being one of the fairest in the world.
What is being cut?
The Government is removing funding from areas of
civil law, including clinical negligence and personal injury
along with employment law, housing law and benefit issues.
Advice in immigration cases where the person is not detained will also be removed. Parties in private family law
cases such as divorce will no longer receive funding except
those with a history of domestic violence. This will require
documentary evidence of the violence in the form of, say,
a Police caution, GP