Insights & News
Legal aid abolishment
Justice is now only available to the wealthy
In today’s world, justice, a basic human right, has become a luxury only the wealthy can afford. The reason behind this disparity? The abolition of Legal Aid.
Understanding the problem
In the past, legal aid helped people who were wronged but didn’t have the financial means to afford legal representation. This system ensured that financial limitations wouldn’t obstruct the path to justice. Yet, due to government cuts, its effectiveness was reduced. Only specific cases, such as criminal offences and specific sections of family law, qualified for legal aid. Civil cases, however, weren’t prioritised, and people had to seek out alternative funding.
The chain of events
The government, in an attempt to counterbalance the loss of Legal Aid, introduced the “no win, no fee agreement.” A model that initially seemed promising, it allowed solicitors to charge only upon a successful case outcome. But there was a catch. The client was now responsible for all costs if they lost, adding significant financial jeopardy should the case be unsuccessful.
To further complicate the situation, insurance models, such as After the Event (‘ATE’) Insurance, offered some reprieve but also brought their own financial burdens. Costs, premiums, and the relinquishing of rights to claim certain fees transformed the landscape yet again. With the rise of damage-based agreements, the market saw the emergence of alternative funders, whose hefty fees further marginalised the average person.
CWD’s solution in this complexity
While the legal world may seem complex, firms like CWD offer clients a lifeline. We operate on the principle that the justice system, with its inherent uncertainties, shouldn’t be a gamble for the client. Our approach isn’t focused on unpredictable court battles. We emphasise negotiation, ensuring clients achieve justice without having to deal with the uncertainty of a court verdict.
We proactively identify issues early, which allows us to help clients reach resolutions, eliminating the need to go through unpredictable court cases.
Looking forward
We believe that solutions like means-tested legal aid or a revised “no win, no fee” model could pave the way to reforming the legal system. Shifting away from models that encourage bad actors and focussing on the client’s needs is essential. Our hope is that we can achieve a more equitable legal system.
The justice system is a risky business…for some: Winners and losers, and the losers pay everything…why?
The concept of justice exists in almost every culture and society. Yet, in today’s complex world, achieving justice has become a game of chance. And the stakes are extremely high, especially for those without the financial means.
Why has seeking justice become this risky?
The legal system used to be based on a simple principle: if you’re wronged, you should be able to seek justice. But, the evolution of the legal structures, particularly the shift from Legal Aid to the “no win, no fee agreement,” has added a layer of complexity.
The “no win, no fee agreement” is a legal model where the winner takes all of the rewards, but the loser suffers potentially devastating financial consequences. It tilted the scales of justice, and the high level of risk made it significantly more challenging for people who didn’t have the financial means.
Understanding the origins
To understand the current scenario, we must first go back into the past. Legal Aid, a government-backed policy, was once a lifeline for those without the means for legal representation. Reducing it created a gap in the justice system.
The government then introduced the “no win, no fee agreement” to incentivise solicitors to help clients fund cases. While this mode seemed promising, it exposed clients to potentially damaging financial situations if they lost their case. This is because they would have to fund their own legal expenses and be prepared (if they lost) to pay all of their opponents’ costs.
The introduction of insurance models, like ATE Insurance, and damage-based agreements further muddied the waters. Solicitors could no longer afford to take on the risk associated with legal cases, and this allowed alternative funders to take control of the market. But their hefty fees made it even harder for the average person to seek justice.
CWD’s solution: Navigating the risk
At CWD, we recognise the inherent risks in the justice system that clients face. It’s why we advocate for negotiation over litigation. The complexities and unpredictabilities of court proceedings make them a risk. Our approach is to minimise that risk, offering clients a path to justice without exposing them to financial challenges.
With an emphasis on early problem identification and resolution, we ensure that our clients never have to face the risks associated with a courtroom.
Looking forward
We believe that solutions like means-tested legal aid or a revised “no win, no fee” model could pave the way to reforming the legal system. Shifting away from models that encourage bad actors and focussing on the client’s needs is essential. Our hope is that we can achieve a more equitable legal system.
More Articles
A family solicitor in Amersham can advise on other ways to separate
Another success for the CWD Criminal Department
Keeping your head above water thanks to our quality family solicitors in Amersham
What according to an Amersham family solicitor are the most common reasons for family breakups?
Single dad refused £1.7 million Betfred payout over 'glitch' takes bookies to court
Private Crime Team's Hard Work Pays Off Again
Blackjack gambler who won £1.7m with Betfred but never received a penny after firm blamed software glitch could be days away from getting his winnings at High Court
Divorces and financial settlements How Coyle White Devine can help you with negotiations and resolution
Reach an amicable divorce using family solicitors Amersham
Family solicitor attributes and what to look for
Success for the CWD Criminal Department!
CWD Company Update
Questions you should ask a family solicitor before hiring them
Continuing success for CWD’s employment department
Looking for family solicitors Amersham?
Betfred gambler in High Court battle over £1.7m payout he never received
Could mediation be your ticket to a hassle-free divorce?
Missed out on a prenuptial agreement? Coyle White Devine’s guide to postnuptial agreements
Resolve your financial disputes professionally through reliable family solicitors in Amersham
VW emissions scandal widens to include Porsche claims
ANDY GREEN V BETFRED (DAVID VS GOLAITH) – MORE MEDIA COVERAGE FROM THE BBC
'eBay-style' online courts could resolve smaller claims
Have you been a victim of domestic abuse? Ways to find the best solicitor to represent you
Continuing success for the CWD Criminal Department!
ANDY GREEN V BETFRED- THE MEDIA COVERAGE CONTINUES WITH THE TIMES
Licence and Liberty Saved
Social media platforms, free speech, and UK law: Who is accountable?
Private Crime Team Success Continues in 2016
The legal advantages of getting a prenuptial agreement at Coyle White Devine
Gambler's luck runs out
Double the Success for the Private Crime Team as CPS Squeezed into Discontinuing
Customer Takes Betfred to High Court After Being Denied £1.7m Prize
Divorce proceedings with a family solicitor in Amersham
What should I expect from Family Solicitors in Amersham?
Family solicitors in Amersham - helping family disputes
Are you going through a messy divorce? Let us help you through the worst of it
What does a family solicitor in Amersham do?
Why do I need a family solicitor in Amersham?
Relieving financial pressure through an expert family solicitors in Amersham
Looking for a reliable solicitor firm in Amersham? Reasons to choose Coyle White Devine
Tips on how to keep your divorce civil and non-confrontational
Helping you find the light at the end of the tunnel thanks to our family solicitors in Amersham
How family solicitors in Amersham can help you to protect your assets
Does a family solicitor in Amersham understand my pain?
CWD Law secures £1m+ win after 3-year battle with Paddy Power
Advice from a family solicitor in Amersham
Case of Betfred refusing £1.7m payment to customer going to summary judgment in October
Sorry seems to be the hardest word for Katie Hopkins after defaming journalist on Twitter
Corporate Insolvency - Ensuring the Appointment of Administrators is Valid
How does a family solicitor in Amersham support my family during a divorce?
$2.2 Million Customer Dispute With Betfred Going to Summary Judgment
DAVID V GOLIATH – CWD helps Lincolnshire man take on the might of Betfred
ANDY GREEN v BETFRED – more media coverage
ANDY GREEN V BETFRED – COVERAGE BY THE DAILY MAIL, THE SUN, THE MIRROR, THE DAILY STAR, AND THE DAILY RECORD
Announcing our new Private Crime Department
Peter Coyle - Times Lawyer of the Week
How family solicitors in Amersham can help with the issue of children during divorce
ANDY GREEN V BETFRED – Peter Coyle’s Interview with The Gambling Insider
Need help with a postnuptial dispute? Coyle White Devine family solicitors can help
Announcement from Peter Coyle
Straightforward support by your family solicitors in Amersham
Guiding you towards an amicable solution with a trustworthy family solicitors in Amersham
Need help with child custody? How our solicitors at Coyle White Devine can help you
CWD Client Wins £1 Million Battle Against Paddy Power
How family solicitors in Amersham can help you
What does family law entail?
How to avoid making a dogs dinner of choosing a company name
Ways in which family solicitors in Amersham can assist with your divorce case
The legal system is broken: Why are fees increasing but service and support decreasing?
Betfred customer denied £1.7million prize due to 'glitch' takes case to court
Putting the fun into fundraising in 2016
Dos and don’ts of pre-nuptial agreements as suggested by our Amersham Family Solicitors
How do you get divorced?
Guiding you through troubled waters thanks to our expert family solicitors in Amersham
Questions you should ask yourself when getting divorced
Coyle White Devine defeat Betfred in High Court Battle
Emphatic Success for Coyle White Devine's Private Crime Team
The UK construction industry, insolvency, and the Labour Manifesto
Finding a Family Solicitor in Amersham who is right for you
And they’re off! Betfred sued by £1.7m ‘winner’
Court of Appeal Rubs Salt in Stratstone's Wounds
The legal side to ending a relationship when you cohabitate
How the written word could help your business
Another outstanding testimonial for the criminal department
Take the best way forward with family solicitors in Amersham you can trust
Sports law in the UK: A brief guide to the regulations that govern football
Recent Developments in Employment Law