Describe the disadvantages of access to justice in civil
cases 12
An initial disadvantage of access to justice in civil cases is that it is tough to qualify for. This
is a disadvantage as it means that people are more likely to settle outside of court due to not
understanding the process of taking a claim to court. This is also a disadvantage as it means
that less time will be spent on the claim and the resources of the court will not be used in
order to reach an outcome for the case meaning that it is unlikely to be a legally binding
verdict. However, some people believe that this is positive as it reduces the likeliness that a
claim will go on for a long period of time.
Another disadvantage of access to justice in civil cases is that it is only given to those who
really need it. This is a disadvantage as it means that legal aid is not given to those who fall
just outside of the threshold that is required for them to be able to receive legal aid. This is
also a disadvantage as it means that people often do not take on a claim as they feel it
would not end the way that they would hope it to end. On the other hand, some people think
that the requirements need to be hard to satisfy in order to be able to qualify for legal aid so
that people are not able to abuse the system if they have the ability to support themselves.
A further disadvantage of access to justice in civil cases is that it decreases the number of
legal firms who will give legal aid to those who need it. This is a disadvantage as it makes
seeking legal aid much harder as people are less likely to be able to receive the support that
they need in order to continue with the claim. This is also a disadvantage as it means if a
claim is to be against a large firm without easy access to legal aid it is very unlikely that
someone would achieve a win. However, many people believe that settling outside of the
court is more advantageous for both of the parties as it protects reputation.
Finally, another disadvantage of access to justice in civil cases is that home owners will not
be able to receive any help with a claim as the capital of a house would way exceed the
threshold. This is a disadvantage because people may have very little income but own a
house and therefore not be able to receive any legal aid. This is also a disadvantage
because this makes the legal system less fair for those who wish to start a claim meaning
that less people do. However, some people believe that parties are more likely to make sure
the claim is necessary reducing the amount of ridiculous claims that reach the court room.
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