The government currently runs a scheme called Legal Aid, which offers Britons the access to legal advice and representation when they otherwise may not have been able to afford it.
However, the government has been looking into making changes to the programme, a controversial move that has been criticised by solicitors and campaigners alike.
Legal Aid: A Background
The government has decided to make its changes to Legal Aid in an attempt to bring down the spiralling costs incurred by the NHS when paying out damages to victims of negligence. Furthermore, many ministers, including Ken Clarke, believe there is a compensation culture in the country whereby people are being encouraged by insurers and solicitors to claim compensation when they don?t necessarily deserve it.
People who want to take legal action but have disposable assets worth less than 8,000 are currently able to get financial help from the state.
However, if the new proposals go through, the threshold for funding could go down to just 1,000 of disposable assets, and will no longer be available for the likes of:
* Medical negligence claims
* Employment law cases
* Some family law cases
* Some housing and debt issues
In addition, new legislation aims to change the way the no win, no fee system works.
Under the proposed rules, solicitors will be able to charge a fee worth up to 25% of the compensation recovered when successful. Currently, this success fee is paid by the losing defendant.
Possible Repercussions
Since the proposals were announced in 2010, many law firms and organisations like Citizens Advice have regularly criticised the government for the plans, believing them to be unnecessary and controversial.
Some of the reasons for this viewpoint include:
* It could be that the cost of making a successful claim, taking into account legal fees, could end up being more than the sum of money ultimately recovered in compensation
* This may mean could lead to victims of negligence actually being charged for seeking compensation, rather than rewarded
* Only wealthy people will be able to afford to go to court
* Poor and vulnerable people will now find it extremely difficult to get access to legal advice
* Lack of access to funding could force people further into debt, rather than help them out of debt
JMW is a Manchester-based law firm that specialises in accident claims and other personal injury cases. Find out more by visiting the firm?s website.
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Source: http://searchpersonalinjuryattorney.com/what-effect-will-proposed-legal-aid-changes-have-on-the-uk
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