NCJ Number
61141
Date Published
1978
Length
62 pages
Annotation
BARRIERS TO CITIZENS' ACCESS TO COURTS IN ENGLAND ARE IDENTIFIED AND DISCUSSED, AND MEANS BEING USED TO REDUCE THESE BARRIERS ARE DESCRIBED.
Abstract
FACTORS INHIBITING ACCESS TO JUSTICE IN ENGLAND INCLUDE COSTS OF LITIGATION (A MAJOR BARRIER), DELAYS IN AND FORMALITIES OF THE LEGAL PROCESS, UNCERTAINTIES AND ANXIETIES ABOUT THE LEGAL PROCESS, LOCATION OF THE COURTS, AND PUBLICITY. MEANS OF PROVIDING LEGAL SERVICES FREE OR AT REDUCED COST ARE LEGAL AID, LEGAL ADVICE AND ASSISTANCE ACCORDING TO A CLIENT'S MEANS, COMMUNITY LAW CENTERS FOR DEPRIVED AREAS, LEGAL ADVICE CENTERS, SPECIALISTS' LEGAL DEPARTMENTS, CITIZENS' ADVICE BUREAUS, LAWYER REFERRAL LISTS, AND ADVERTISING BY LAW CENTERS AND SALARIED LAWYERS. METHODS TO PROMOTE ACCESS TO JUSTICE WITHIN FORMAL JUDICIAL MACHINERY INCLUDE SPECIALIZED COURTS, PRETRIAL REVIEW IN COUNTY COURTS, SMALL CLAIMS PROCEDURE IN COUNTY COURTS, LIMITING SOLICITORS' COSTS IN COUNTY COURTS, SMALL CLAIMS COURTS OUTSIDE THE COUNTY COURT SYSTEM, AND A SPECIAL PROCEDURE FOR UNCONTESTED DIVORCE. ALTERNATIVES TO FORMAL JUDICIAL PROCEEDINGS FOR DISPUTE SETTLEMENT INCLUDE THE SYSTEM OF TRIBUNALS, LICENSING, AND THE CRIMINAL INJURIES COMPENSATION BOARD. ALTERNATIVES TO ADJUDICATION BY COURT OR TRIBUNAL OCCUR THROUGH SETTLEMENT OR COMPROMISE, CONCILIATION PROCEDURES, SETTLEMENT CONFERENCES, AND COMPLAINTS AND INQUIRIES. SUBSTANTIVE LAW HAS BEEN MODIFIED TO PROVIDE FOR LIABILITY WITHOUT FAULT, RESTRUCTURING OF THE COURT SYSTEM, CREATION OF A FAMILY AFFAIRS TRIBUNAL, A CENTRAL ENFORCEMENT OFFICE, AND A STANDARDIZED PROCEDURE FOR CONSUMER ARBITRATION. THE ENGLISH SYSTEM OF CIVIL PROCEDURAL LAW IS FUNDAMENTALLY GROUNDED ON PROCEEDINGS BROUGHT BY OR AGAINST INDIVIDUAL PARTIES, AND, ON THE WHOLE, HAS MADE UNSTEADY PROGRESS TOWARD PROVIDING FOR CLAIMS MADE BY OR AGAINST GROUPS OR CLASSES OF PARTIES. TABULAR DATA AND CHARTS ARE PROVIDED. (RCB)