Others would suggest that the government must bear
the cost as access to justice is a societal responsibility akin to healthcare and that without broad and effective access to justice, our democratic system can not function effectively.
Not exact matches
Yet energy
justice — defined here
as meeting one's needs for the services that energy provides at reasonable
cost, with fair and equitable
access, and without disproportionate economic and environmental burdens — can mitigate the problems and pressures in other areas, especially when efficiency and solar energy are developed so
as to create local jobs.
As for environmental
justice, Democrats «will work
to expand
access to cost - saving renewable energy by low - income households, create good - paying jobs in communities that have struggled with energy poverty, and oppose efforts by utilities
to limit consumer choice or slow clean energy deployment.»
The fear is that digital
access to justice tools will be seen
as a
cost effective «upgrade»
to traditional
access to justice initiatives, and investment that in the new technology could come at too high a price for people without the skills or equipment needed
to navigate online tools.
Many pushers of ABS have spent a mindboggling amount of time fussing about how
to bring down the
cost of wills
as if that is a major barrier
to access to justice.
The news will come
as a relief
to many lawyers, who feared fixed
costs for all cases up
to # 250,000 —
as previously suggested by Jackson LJ — would make many cases commercially unviable, curbing
access to justice for many people with valid claims.
(2) the population's views and desires
as to this evolution in the use of the legal profession's monopoly over the provision of legal services
to impose a «cutting
costs by cutting competence» limitation upon people's ability
to access justice;
It knows
as both the legal aid funder of clinical negligence litigation and
as the defendant compensator (
as it is in the vast majority of clinical negligence cases) that
access to justice is extremely costly
to it in
costs and damages, and that by attacking
access to justice its outlay in both regards will be reduced substantially.
As just a brief sampling, in «The
Cost of Law: Promoting
Access to Justice through the (Un) Corporate Practice of Law» [2] and «Life in the Law - Thick World: The Legal Resource Landscape for Ordinary Americans» [3](with Jaime Heine), Hadfield uses empirical evidence
to demonstrate that there can never be enough pro bono (free) legal work or enough money for legal aid that could even come close
to satisfying the huge unmet need for legal services in the US.
This is why the European Union has adopted its regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC (Regulation on consumer ODR, and why mandatory ODR, no matter how it could be perceived by detractors, needs
to be looked at seriously
as a way of giving
access to justice to those who, for now, can't turn
to the courts since the
costs associated with the legal process are simply prohibitive...
It may limit
access to justice because of the
costs and delays associated with its processing, but,
as any security expert will tell you, the best way
to guarantee that information is protected is
to not have it.
That advertising can contribute
to access to justice as well by «empowering people
to understand what services are available, what they are, where they can go, who they can talk
to, and what they can
cost,»
as Osgoode law professor Trevor Farrow says.
All of these obstructions were cited
as larger
access to justice impediments than
cost.
So, even if we define
access to justice so narrowly
as to only include ability
to hire an attorney, the
cost of an attorney isn't even a factor in the majority of cases.
Lord Jackson is best known for his «Jackson Reforms,» which eliminated excess legal
costs, and helped further
access to justice through the promotion of tools such
as Litigation Finance....
As well, in recent years considerable popular and legal media attention has focused on the lack of
access to justice and the high
cost of legal representation, often making connections
to concerns about the adequacy of available legal aid.
The
cost - effectiveness of cloud technology (aka «virtual law office» or VLO) that enables lawyers
to deliver online legal services has been touted
as one of best methods
to address
access to justice challenges, increasing
as a result of a prolonged economic downturn.
She pointed
to the enormous public
costs associated with a lack of
access to justice and suggested more efforts be made
to calculate those
costs and use that information
as a tool
to convince governments
to increase their investments in
access to justice as a
cost - avoidance strategy.
The mission of my firm was
to increase
access to justice with a low -
cost, pay -
as - you - go model.
One of the justifications for a local final appellate court was that it would enhance
access to justice as litigants would not have
to bear the
costs of travel
to the United Kingdom.
I realize that
cost is often a major impediment
to access to justice, hence I accept legal aid clients and Cba referrals
as well
as offer unbundled services, all on a case by case basis.
Unbundled legal services, also called limited - scope representation, has gained traction in recent years
as a way
to increase
access to justice and reduce the
cost of legal services.
Without malice, too many of them (there are several heartwarming exceptions) see ABS
as a way of being seen
to be doing «something» about
access to justice but without having
to tamper with the real barrier and, well, if the low -
cost small firm solicitors are badly harmed, well, they didn't really mean
to do it and it wasn't their fault, and, well, that's progress isn't it?
The Chief
Justice of British Columbia, Lance S.G. Finch, addressed a meeting of the B.C. Branch of the Canadian Bar Association recently on the subject of access to justice, singling out the high cost of legal services as a prominent, if not new, obstacle to tha
Justice of British Columbia, Lance S.G. Finch, addressed a meeting of the B.C. Branch of the Canadian Bar Association recently on the subject of
access to justice, singling out the high cost of legal services as a prominent, if not new, obstacle to tha
justice, singling out the high
cost of legal services
as a prominent, if not new, obstacle
to that goal.
1) While litigation
costs are often prohibitive and an obvious issue in
access to justice, litigation often arises only
as a result of failure
to obtain (sufficient) legal advise in the first case.
repeatedly used
as an example of a barrier
to access to justice when the litigator saying it has nothing at all
to say about the ruinously high
cost of litigation,
to have the Law Society spend all this time and effort on ABS while spending comparatively little time on investigating how
to realistically reduce the
cost of litigation.
Several years ago
Justice Osborne mentioned the «proliferation» of «hired gun» experts in the driving up costs in the Ontario personal injury system as one of many troublesome access to justice
Justice Osborne mentioned the «proliferation» of «hired gun» experts in the driving up
costs in the Ontario personal injury system
as one of many troublesome
access to justice justice issues.
The Jackson reforms of English commercial litigation came into force on 1 April 2013, and
as part of that wholesale review of the funding of litigation in England and Wales, there has been widespread recognition that litigation funding promotes
access to justice by enabling litigants
to manage their exposure
to costs.
While the Statutory Accident Benefit regime may give a right
to an accident victim
to challenge the wrongful denial of a benefit, where the
cost of pursuing such a remedy is prohibitive, this raises significant issues
as to access to justice that have yet
to be addressed.
As a passionate advocate for
access to justice, Nicole has led several local and national research projects that examine the
cost, affordability and the effectiveness of the civil
justice system in Canada.
The legislative authority enabling a court
to award
costs in criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in Criminal Cases (General) Regulations 1986, as ame
costs in criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16
to 19B), the
Access to Justice Act (in relation
to funded clients) and in regulations that have since been made pursuant
to these statutes, including the
Costs in Criminal Cases (General) Regulations 1986, as ame
Costs in Criminal Cases (General) Regulations 1986,
as amended.
The Jackson Reforms are now three years old and the unease within the profession
as to their impact upon
access to justice and the spiraling
cost of litigation remains acute.
She adds that if local authorities consider compromises instead of issuing court proceedings
as a way of avoiding increased
costs, «vulnerable children will be put at risk and denied
access to justice».
As a result, reducing the
costs awarded
to plaintiffs in the name of
access to justice misses the mark — the risk borne by the plaintiff is thereby increased, fewer actions will be commenced, and
access to justice will be denied.
See the Canadian Forum on Civil
Justice and their
Access to Justice Blog and
Cost of
Justice project, for example,
as well
as the work of the National Self - Represented Litigants Project (NSRLP).
Further, poverty can also undermine
access to the
justice system,
as people living in poverty can not afford the attendant
costs.
Others still championed LSPs
as important for meeting the
access to justice gap, but argued against their regulation by state courts on the grounds either it is unnecessary (they are already regulated by consumer protection laws), that it would unnecessarily increase
costs, or that regulation would only enable the state bars and courts
to exercise their «protectionist instincts» (see this response, this response and this response).
The Court of Appeal held that «notwithstanding the absence of reprehensible conduct... special
costs are awarded
as an instrument of policy
to encourage
access to justice» (Victoria (City) at para 182).
The inability of the vast majority of individuals and small businesses
to secure legal representation due
to lack of
access and high
cost is an acute problem often referred
to as «the
access to justice crisis.»
In my view, while this case does not deal substantively with the issue
as to whether the requirement that one pay the
costs of the transcription of the proceedings below results in a barrier
to access to justice, it raises tangentially the question
as to whether
access to justice has become an illusory concept for most Canadians.
[98] Some respondents championed LSPs
as important for meeting the
access to justice gap, but argued against their regulation by state courts on the grounds either it is unnecessary (they are already regulated by consumer protection laws), that it would unnecessarily increase
costs, or that regulation would only enable the state bars and courts
to exercise their «protectionist instincts.»
I've greatly appreciated and learned much from many of her articles, such
as «The
Cost of Law: Promoting
Access to Justice through the (Un) Corporate Practice of Law,» «Life in the Law - Thick World: The Legal Resource Landscape for Ordinary Americans» (with Jaime Heine), and «Legal Barriers
to Innovation: The Growing Economic
Cost of Professional Control Over Corporate Legal Markets.»
The first meeting of the Parties
to the Aarhus Convention (Lucca, Italy 21 - 23 October 2002) decided
to establish a Task Force on
Access to Justice to support the implementation of the third pillar of the Convention by inter alia, examining good practices, sharing experience with implementation of particular paragraphs of article 9 of the Convention and assessing the impact of certain barriers in access to justice such as costs and d
Access to Justice to support the implementation of the third pillar of the Convention by inter alia, examining good practices, sharing experience with implementation of particular paragraphs of article 9 of the Convention and assessing the impact of certain barriers in access to justice such as costs and
Justice to support the implementation of the third pillar of the Convention by inter alia, examining good practices, sharing experience with implementation of particular paragraphs of article 9 of the Convention and assessing the impact of certain barriers in
access to justice such as costs and d
access to justice such as costs and
justice such
as costs and delays.
For plaintiffs, class actions are seen
as a tool
to increase
access to justice,
as the
costs of litigation are shared among a larger group, and the downside risk is limited
as costs in unsuccessful cases are often underwritten by the plaintiffs» law firm or a third party fund.
Since the Supreme Court of Canada's landmark decision in Hryniak v Mauldin, 2014 SCC 7, summary judgment has been lauded
as an effective tool
to enhance
access to justice and achieve
cost - effective results for litigants.
While
costs are in the discretion of the court, the Ontario Court of Appeal had previously confirmed that
costs must be reasonable in the circumstances
as the principle of indemnity must be balanced with the fundamental objective of
access to justice:
Personally, I see this
as an
access to justice issue: the increases in upkeep
costs of these publications (100 %
to 200 % and more over the past four years is not unusual) eventually get passed on
to lawyers» clients, who already struggle with the
cost of legal representation.
Shifting the government's priorities
to access to justice only seems possible
as a
costs - savings exercise.
However,
as a practical step in improving
access to justice, this decision will result in more people — in particular, women, disabled people, First Nations people and immigrants, who are less likely be able
to afford hearing fees — gaining
access to the
justice system without having
to compromise their everyday
cost of living.
Highlights include a review of the new changes
to the Tariff coming into effect this month and broader issues such
as the theoretical underpinnings of
cost awards and
access to justice concerns.