Senior judge warns of ‘perfect storm’ for justice system

By The Press Association13th May 2015News EnglandCourts / Justice, News England

Most “ordinary people” are at risk of being deprived of access to justice by a “perfect storm” of financial difficulties, according to the UK’s most senior judge.

Supreme Court president Lord Neuberger says litigation is becoming “ever more expensive”, legal aid is “ever more attenuated” and court fees are being “increased markedly”.

He has made his comments in a speech to lawyers about the pros and cons of mediation.

“Mediation is particularly attractive at the present time when litigation is becoming ever more expensive and time-consuming, when the law is getting increasingly complex, when legal aid is ever more attenuated, and when court fees are being increased markedly,” he told the Civil Mediation Conference in London yesterday.

“As a result of this almost perfect storm of financial difficulties, we are at risk of depriving most ordinary people of access to justice.”

He added: “A citizen’s right – and therefore her ability – to go to court to vindicate or to defend a civil or family law claim is an absolutely fundamental ingredient of the rule of law.”

Lord Neuberger said the “right of access to courts” was “fundamental” and had to be “genuinely available to all”.

“It is absolutely fundamental that all citizens are able to establish their rights and defend themselves, whether against the state or against other citizens, i.e. whether public rights, private civil rights, or family rights,” he said.

“The traditional and principled way of achieving this is through the courts.

“It should not be impossible for citizens to have proper access to the courts – i.e. with decent legal advice and legal representation.

“However, and I do not say this in a spirit of recrimination, but simply as a matter of melancholy fact: the legal profession’s charges, the court system’s procedures and government cuts and charges render it difficult if not impossible for many citizens to get access to the courts.”

He added: “My concern is for ordinary people, average citizens, and ordinary businesses, and the problems they have of getting access to justice, and, given that we are in an age of austerity and proportionality, mediation is particularly suitable for their legal disputes.”