Law and Rights
Whilst the Legal Aid, Sentencing and Punishment of Offenders Bill was in Parliament, there was a concerted campaign against the coalition government's plans to axe legal aid in many areas of civil law. Regrettably, the campaign had only minimal success and the Bill duly became law as the 2012 Act. The cuts to legal aid will kick in during 2013.
The number of individuals (Self-represented litigants) fighting their own cases in courts and tribunals is growing. Any litigation is full of pitfalls but these are known to those used to the legal system. Self-representation is particularly problematic since such litigants cannot be expected to know all the complexities of the law and procedure. One example is COSTS. Lose the case and costs follow against you like night follows day. Many do not realise this and, even if they do, most have little knowledge of the amounts involved. The sums can be considerable and sometimes devastating for all but the very wealthy.
In an earlier post I argued that rights without access to justice can hardly be described as rights at all. Sadly, in our country, lack of access to justice has worsened. Most people simply cannot afford the financial risk of seeking to either determine or enforce their legal position. If they cannot afford to enforce their rights then those rights are effectively worthless. The rich, the powerful and the unscrupulous hold sway.
The Justice [ ] Gap blog has an excellent post on this topic which I have no hesitation in recommending -The Perils of DIY Law: The high price of Justice - Daniel Hoadley 26th September 2012. This is a sad and cautionary tale. Please read it.
- Happy New Year 2015
Here's wishing all readers a very Happy New Year 2015. As 2014 petered out I could not help but think that the year saw the continuation of the relentless attack by the elected government on access to justice for the average citizen. The severe...
- Worrying Trends - No. 5 ~ The Attack On Access To Justice ~ A Rich Man's World And To The Devil With The Have-nots
Access to justice requires that each party to any form of litigation is able to properly put their case. The modern legal system is complex and the law exceptionally so. Even finding out the latest text of an Act of Parliament is very difficult...
- 3 Years Old ~ Self Representation (a Bleak Outlook)
Law and Lawyers blog is now three years old. 2012 was an amazing year with a vast array of legal stories. Already, 2013 is promising to be as busy and as interesting and the aim is that this blog will continue to throw some light on the laws...
- A Tragedy - Laspo Part 1
The Legal Aid Sentencing and Punishment of Offenders Bill received Royal assent and is now, therefore, the Legal Aid Sentencing and Punishment of Offenders Act 2012. Part 1 of the Act - dealing with legal aid provision - is, in my view, a disgrace....
- The Legal Aid Bill - The Principal Objections + Youth Justice Board And Chief Coroner Saved
The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) received its second reading in the House of Lords on Monday 21st November. (TEXT of the Bill). Many peers were highly critical of the legal aid provisions which are in Part...
Law and Rights
A sad and cautionary tale
The number of individuals (Self-represented litigants) fighting their own cases in courts and tribunals is growing. Any litigation is full of pitfalls but these are known to those used to the legal system. Self-representation is particularly problematic since such litigants cannot be expected to know all the complexities of the law and procedure. One example is COSTS. Lose the case and costs follow against you like night follows day. Many do not realise this and, even if they do, most have little knowledge of the amounts involved. The sums can be considerable and sometimes devastating for all but the very wealthy.
In an earlier post I argued that rights without access to justice can hardly be described as rights at all. Sadly, in our country, lack of access to justice has worsened. Most people simply cannot afford the financial risk of seeking to either determine or enforce their legal position. If they cannot afford to enforce their rights then those rights are effectively worthless. The rich, the powerful and the unscrupulous hold sway.
The Justice [ ] Gap blog has an excellent post on this topic which I have no hesitation in recommending -The Perils of DIY Law: The high price of Justice - Daniel Hoadley 26th September 2012. This is a sad and cautionary tale. Please read it.
- Happy New Year 2015
Here's wishing all readers a very Happy New Year 2015. As 2014 petered out I could not help but think that the year saw the continuation of the relentless attack by the elected government on access to justice for the average citizen. The severe...
- Worrying Trends - No. 5 ~ The Attack On Access To Justice ~ A Rich Man's World And To The Devil With The Have-nots
Access to justice requires that each party to any form of litigation is able to properly put their case. The modern legal system is complex and the law exceptionally so. Even finding out the latest text of an Act of Parliament is very difficult...
- 3 Years Old ~ Self Representation (a Bleak Outlook)
Law and Lawyers blog is now three years old. 2012 was an amazing year with a vast array of legal stories. Already, 2013 is promising to be as busy and as interesting and the aim is that this blog will continue to throw some light on the laws...
- A Tragedy - Laspo Part 1
The Legal Aid Sentencing and Punishment of Offenders Bill received Royal assent and is now, therefore, the Legal Aid Sentencing and Punishment of Offenders Act 2012. Part 1 of the Act - dealing with legal aid provision - is, in my view, a disgrace....
- The Legal Aid Bill - The Principal Objections + Youth Justice Board And Chief Coroner Saved
The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) received its second reading in the House of Lords on Monday 21st November. (TEXT of the Bill). Many peers were highly critical of the legal aid provisions which are in Part...