Public lacks confidence in civil justice
22 Sep 04
Findings of the report “Paths to Justice Scotland”
Lack of knowledge about the legal system and a widespread inability to distinguish between the civil and criminal courts fuels perceptions about the “work of the courts and attitudes towards the judicial system which are strongly influenced by media stories about criminal cases and televised representation of criminal trials”, according to a major study into the experience of Scots with problems that may have been actionable in the civil courts.
The study, Paths to Justice Scotland, led by Professor Hazel Genn of University College, London, and Professor Alan Paterson of Strathclyde University and the National Centre for Social Research, and funded by the Nuffield Foundation, produced no evidence of a rush to law, “although many people felt a strong sense of injustice about the problem with which they had been faced.
“Reluctance to become involved in legal proceedings stems from beliefs about cost, discomfort and uncertainty about income. These factors will continue to affect the threshold at which people will take steps to access the legal system.”
Worryingly, the report points to a “lack of the most rudimentary knowledge about obligations, rights, remedies and procedures for resolving civil disputes”, which the report’s authors suggest “leads to an unnecessary level of helplessness even among the most capable and resourceful”.
The choice of adviser was strongly influenced by the type of problem the person had. Solicitors were the first choice for those with problems to do with divorce and separation, accidental injury, or home ownership, and disputes over goods or professional services. Those with problems relating to landlords, benefits or employment were more likely to go first to the CAB.
Perceptions of the legal system as a result of questions posed to all 2,684 adults in the survey painted a disturbing picture of “some lack of confidence in the fairness of hearings, a belief that the courts serve the interests of the wealthy, and a common perception that the judiciary are remote and out of touch.
“Only about three in five respondents said that they were confident they would get a fair hearing if they took a problem to court.”
The full report of the research, Paths to Justice Scotland: What people in Scotland Do and Think About Going to Law, is published by Hart Publishing, priced £18.