As part of a review of the legal aid system in Northern Ireland, the Department of Justice has issued two engagement papers: A Simpler Fairer Approach to Means Testing; and Improving Impact and Value for Money by Reforming Scope and Merits – both can be accessed in full here.
In Northern Ireland it remains the case that legal aid is available in some civil and criminal cases – whatever the value.
The consultations allow for a wider debate about access to justice, opening up questions around claims for lower value injury claims, the possibility of a portal for such claims and whether there is a cap on the value of claims below which legal representation is not necessary.
A simpler fairer approach to means testing focuses on rationalising the process by which legal aid can be accessed. There are currently five separate systems governing eligibility for legal aid which is available and covers:
- Advice and assistance
- Representation in the lower civil courts
- Representation in the higher civil courts
- Criminal defence services
The stated aims of the consultation are:
- Simpler, faster, fairer means testing
- Predictable mechanism to expand access to legal aid
- Harmonise means testing across areas of legal aid
Improving impact and value for money by reforming scope and merits sets out proposals for reform of the legal aid system, with the ultimate aim of ensuring that it remains available to people facing legal issues, particularly those who are vulnerable or disadvantaged, so that they can obtain advice, representation, and support to protect their rights and resolve disputes fairly. The paper sets out a range of reform options on which the Department is seeking views in the following areas:
- The provision of civil legal services for Article 8 proceedings within the meaning of the Children (Northern Ireland) Order 1995
- Provision of Civil Legal Services for Judicial Review Proceedings
- Eligibility to Legal Services Conditional on Direct, Material and Substantial Benefit to the Applicant
- Restricting legal aid to applicants whose standing is no greater than other potential claimants in the same matter
- Focusing legal services on personal injury cases involving significant harm, complex legal issues, or long-term impact
- Removing Legal Aid for Ancillary Relief
- Removing land and property cases from the scope of legal services
- The Public Office (Accountability) Bill – The Hillsborough Bill – should it be extended to NI
- Competition Appeals Tribunal – is there adequate access?
In terms of personal injury provision, the paper notes that evidence suggests that many lower-value claims could be resolved through alternative mechanisms, reducing the need for full legal aid funding. The Department notes the steps that have been taken to address minor injury claims in England & Wales and sets out a number of private financing arrangements, to include conditional fee arrangements and damages based agreements, that could be used in lower value claims, to ensure that legal aid is targeted to the most serious cases, those involving significant harm, complex legal issues, or long-term effects.
Our Strategic Advisory Team is currently reviewing the papers in detail and should you wish to discuss any of the issues arising you should contact one of our expert lawyers.
