Dicta 2013 | Page 48

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