Global Developments and Challenges in Costs and Funding of Civil Justice
8 Pages Posted: 18 Jul 2022
Date Written: July 14, 2022
Abstract
Access to justice is a basic human right and a fundamental constitutional principle. It is also a right which, as Lord Reed succinctly put it in R (on the application of Unison) v. Lord Chancellor, is ‘inherent in the rule of law’. It is the cornerstone of a liberal democratic society. The right of access to civil justice continues, however, to be undermined and severely restricted as a consequence of disproportionate and crippling litigation costs, the complex nature of the civil court process and the severe delays that exist before justice is obtained. The matter is made worse by the rapid decline of public legal aid in many countries, which has meant that those with limited means are increasingly unable to vindicate and enforce their legal rights. Furthermore, the reduction of state funding of the civil justice system by successive governments and, in particular, the substantial increase in the number of individuals who are forced to litigate, if they do, without legal advice or representation, has put unprecedented pressure on the courts to continually ration their limited resources in managing cases.
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