Legal Aid in Civil Law Cases: Examining the Scope and Impact

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This essay provides an overview of legal aid in civil law cases, focusing on the eligibility criteria and the groups of people who qualify for it. It highlights the importance of legal aid for individuals who lack financial resources or capacity to make legal claims, including those facing domestic violence, disabilities, or mental health challenges. The essay argues that the current criteria, which consider financial limitations and vulnerability, are appropriate and should not be expanded due to potential financial strain on the government and the risk of misuse. The author emphasizes the significance of legal aid in protecting the rights of vulnerable groups and ensuring equal access to justice. The essay references the Legal Aid Agency and its role in providing affordable legal aid and guidance for civil matters.
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Running head: LEGAL AID IN CIVIL LAW CASES
Legal aid in civil law cases
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1LEGAL AID IN CIVIL LAW CASES
Legal Aid is something which needs to be provided to those who are subjected to
vulnerability because of their social status. There are a few criteria which need to be met in
order to ensure that people will be eligible for getting legal aid. A person will be able to get
legal aid in case he or she is homeless or does not have financial resources to get legal
support. Any person who has been subjected to domestic violence either mentally or
physically is also provided legal aid. People who have disability or those suffering from
abusive relationships can also get legal aid. There are a few other people such as those
challenging a government decision, advice regarding mental health tribunal or appeal to
social tribunal or those whose ECHR have been breached1. The primary reason for which
they are provided funding in relation to legal support is that they do not have the financial
support to do so. In case such help is not provided it would be very easy for the people who
are rich to exploit those who do not have the resources to carry take legal help against them.
In addition, those who are socially vulnerable such as children and people with disability or
those suffering from domestic abuse, also have to be given legal aid to ensure that their rights
are not violated due to lack of capacity on their part to make a claim2.
I do not thing there are any categories missing in relation to legal aid as legal aid
should only be provided to those who do not have the resources or capacity to claim legal
support. In case, the eligibility criteria are expanded it will put the government under pressure
as UK already has the highest legal aid budget in Europe. In addition few groups may also
take advantage of the situation which may lead to increase in the number of legal cases which
1 Reeve, K., 2016. Legal aid for children at risk. Children & Young People Now, 2016(19), pp.34-34.
2 Burridge, A. and Gill, N., 2017. Conveyor‐belt justice: Precarity, access to justice, and uneven
geographies of legal aid in UK asylum appeals. Antipode, 49(1), pp.23-42.
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2LEGAL AID IN CIVIL LAW CASES
are already numerous. In my opinion the criteria should revolve around those who do not
have the financial resources to get legal aid and those who lack capacity for making a legal
claim.
In my opinion children and people with mental health challenges are placed with such
importance to ensure that their rights are not violated due to lack of capacity on their part to
make a claim. As they do not know what the law states and how it has been made to provide
them protection, it is in the best interest of the society that they are provided with legal aid to
the extent that their rights are not violated3.
No, in my opinion there are no special groups who should be made additionally
eligible for legal aid as currently legal aid is available to all those in need. This includes
people with debt, no financial resources, mentally challenged, Children, elderly and those
who are seeking asylum or are in immigration detention. Legal aid is also provided to parents
of their children are taken away.
3 Lawrence, Susan E. The poor in court: The legal services program and Supreme Court decision
making. Vol. 1129. Princeton University Press, 2014.
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3LEGAL AID IN CIVIL LAW CASES
References
Burridge, A. and Gill, N., 2017. Conveyor‐belt justice: Precarity, access to justice, and
uneven geographies of legal aid in UK asylum appeals. Antipode, 49(1), pp.23-42.
Lawrence, Susan E. The poor in court: The legal services program and Supreme Court
decision making. Vol. 1129. Princeton University Press, 2014.
Martin, Jacqueline. English Legal System. Routledge, 2014.
Reeve, K., 2016. Legal aid for children at risk. Children & Young People Now, 2016(19),
pp.34-34.
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