11:02 AM | 
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Free Game Zone |
a contingency fund for legal aid could be a response to reductions in legal aid, and without cost to public finances
need a more imaginative approach to ensure effective access to justice. Many people can not reach the low threshold for financial eligibility for legal aid and firms are not eligible. These people have to fund the litigation of their own pockets and downside risk to pay the costs of the other party is simply too great. They can not afford to lose what they never complain, they deserve.
But we all know that the legal services of social value creation. In the absence of legal resources, much of the fabric that holds the rest of our economic system is damaged or destroyed. To live in a society in which damages are awarded, or that the obligations will be honored, is an important contribution to an individual's sense of well being and the value they give to this company. Mistakes must be corrected. Unless the individual has the financial resources to achieve a legal solution, the value is lost.
legal assistance, trial and punishment of offenders bill before Parliament will greatly reduce the scope of legal aid and to shift the equilibrium in the lawsuit. It is probable that an unsatisfactory situation worse. The success of litigants on fee arrangements (CFA) will lose the right to recover the costs of success and the insurance premiums for loss criminals. They must comply with these accusations of their damage. In addition, lawyers are subject to a limit on the amount of the success fee element related to the amount of damages. This will make the most profitable for lawyers. Finally, it proposes to eliminate legal aid for clinical negligence claims.
In 2008/09, in response to Lord Justice Jackson's review of costs and access to justice, my predecessor commissioned two reports of a working group chaired by former President CC Mansfield person. In his view, if there was a role for a contingent legal aid fund, CLAF. Simply put, this is a common fund to support claims with claimants to pay some of their prices to the bottom, the lawyers are paid according to the non-contingent fees. Their reports were cautiously optimistic.
This summer, they went further. We commissioned independent external consulting the European economy the economy to report if a viable market for clafs. This is the first time was the viability of a CLAF subjected to quantitative analysis external. Europe Economics report also provides cautious support clafs.
CLAF concept has merit and should go further. The report makes a valuable contribution to the ongoing debate over funding disputes. Clafs should be considered one of a number of possible sources of funding for civil disputes, but its impact will be limited there. The sustainability of any economic evaluation CLAF that when reforms to the ACF had time to work in practice.
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