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The Law Society advocates for an increase in civil legal aid to support unrepresented parties in family court proceedings

Concern Over Rise in Litigants in Person in Private Family Law Cases

The Law Society has raised alarm over the increasing number of litigants in person in private family law cases since the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act. The society has called on the government to raise civil legal aid fees to ensure the viability of legal aid providers and expand the means test eligibility for civil legal aid to allow more individuals on lower incomes to access justice.

According to recent data, in 2023, nearly 40% of private law cases had neither the applicant nor the respondent represented. The highest numbers of unrepresented parties were found in central London, east London, Essex and Suffolk, west London, and Manchester.

The proportion of cases without legal representation has increased significantly over the past decade, with a 24 percentage point rise since 2013. Society president Nick Emmerson highlighted the negative impact of removing legal aid from many private law cases in 2013, leading to more individuals going to court without legal advice.

Emmerson emphasized the urgent need for action to address the rise in litigants in person, stating that the current system is under immense pressure. He called for reforms to make the family law justice system more accessible and effective for all individuals involved.

The Law Society’s concerns reflect the growing challenges faced by individuals navigating the legal system without representation. As the issue continues to escalate, it is clear that immediate action is needed to ensure access to justice for all.

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