UK: Government propose cuts to free legal aid and legal advice law

On 15 November 2010 the UK Government published a consultation paper proposing the removal and reduction of certain areas of law from public funded legal aid.

Debt, family, employment, housing, immigration and social welfare law will all be affected by the cuts. Among the proposals for reform is the removal of free legal representation for court in divorce proceedings, excluding cases concerning domestic violence and forced marriage. The proposals are part of a plan to introduce a simpler justice system in the UK, whereby the number of civil law cases is reduced by 547,000 per year. Given the current economic climate the UK Government aims to reduce the budget of the Ministry of Justice by 23%.

Free legal advice in the areas of debt, social welfare and employment are to be removed completely. Further cuts include a 10% reduction in the salaries paid to legal aid lawyers. In lieu of legal aid funding in the areas of clinical negligence and personal injury cuts, the Ministry hopes to introduce an increased culture of "no win, no fee" arrangements to circumvent the removal of legal aid funding for these areas. In addition, the UK Government hopes to encourage a culture of mediation in the UK, to reduce the number of disputes moving through the courts. Legal aid will be protected in the cases concerning fundamental rights and loss of life or liberty. The Law Society of England and Wales has responded to the proposed cuts by launching a campaign warning of the impact the cuts will have on access to justice.

 

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