The Scottish Government has announced that there will be changes
to the legal aid system, leading to three-quarters of the
population who will be eligible to receive legal aid in civil court
actions. At present, only around 42% of the population are
eligible.
The Justice Secretary, Kenny MacAskill, said that the changes
are designed to help hard-pressed families and businesses. He
believes that it is unfair at present that people of relatively
modest means find themselves unable to pursue complex or expensive
legal actions with the number of cases funded by legal aid dropping
by around 45% in the last 10 years, as fewer people are eligible
and fewer legal firms take on legally-aided cases.
From Spring 2009 the upper disposable income threshold for civil
legal aid will more than double from £10,306 to £25,000. Currently,
people with an annual disposable income of £3,156 a year, or less,
pay no contribution towards their legal costs, while those with an
annual disposable income of up to £10,306 make a contribution. The
changes will introduce a tapered system of contributions for those
with a disposable income of between £10,306 and £25,000.
The Scottish Government is also working with the Scottish Legal
Aid Board to simplify, but also increase, fees paid to civil legal
aid practitioners.
The Law Society of Scotland has welcomed the changes, but is
unable to evaluate how the changes will help more people access
legal aid until more details of the financial eligibility criteria
are provided.
However, the reality is that the changes will mean that more
than a million people in Scotland will be eligible to claim legal
aid. As to whether eligibility will translate into claims remains
to be seen: applicants will still have to demonstrate that their
case has a basis in law and that legal aid is reasonable in the
circumstances.
Contributed by Caroline Cassidy