Chapter 10 Questions for reflection and discussion

  1. What should be the balance between the role of the state and the responsibility of the individual in funding litigation? Is the current balance correct? Are there differences in the approach to the provision of funding in criminal cases and the provision of funding in other categories of case?
  2. Would an enhanced Public Defender System weaken or enhance the criminal justice system?
  3. Should the legal aid budget be ‘cash-limited’?
  4. Can access to civil justice be improved through new arrangements for the funding of litigation?
  5. Should there be greater use of fixed fees?
  6. What are the arguments for and against contingency fees/damages-based agreements?
  7. Should the ways the courts work be changed to make it easier for ordinary members of the public to take their cases to court?
  8. Can the courts develop their procedures so as to enable ‘litigants in person’ to present their cases more successfully?
  9. How far can legal advice be delivered by telephone or the internet?
  10. How can IT be used to deliver legal services to ordinary people?
  11. How can the gap between those who might benefit from legal advice and those who actually receive legal advice services be bridged?
  12. What are the key lessons that experience of dealing with the Covid-19 pandemic affords to those whose task is to run the civil justice systems?