IBA 2019: Bar of NI Chair on access to justice for the ‘forgotten middle’
Photo caption: Bar Chair Sarah Ramsey BL and Young Bar Chair James Toal BL at the International Bar Association’s annual conference in Seoul, South Korea.
Bar Chair Sarah Ramsey BL spoke at the launch of an important new report on legal expenses insurance and access to justice at the International Bar Association’s annual conference in Seoul, South Korea. This report suggests that greater uptake of legal expenses insurance (LEI) by individuals could increase access to justice for the ‘forgotten middle’ – individuals without disposable income to spend on private legal services, but whose earnings or assets prohibit qualification for legal aid or pro bono assistance. The findings, based on research conducted by the International Bar Association’s Legal Policy & Research Unit under the auspices of the Access to Justice and Legal Aid Committee, were launched as the 2019 conference got underway.
Sarah Ramsey remarked: “This conference has been as valuable opportunity for us to learn from the experience of colleagues from over 120 countries at the largest international gathering of the legal profession in the world. I was delighted to have a platform to speak at the launch of this new research into legal expenses insurance and provide the perspective of practitioners working in Northern Ireland, alongside colleagues from England & Wales, Australia and Germany”.
“Usage of LEI is very limited in our jurisdiction at present with a lack of awareness generally amongst the public. In recent years various policy reviews, such as Access to Justice Reviews I and II plus the Gillen Review of Civil Justice, have touched on the potential to expand LEI coverage across NI but acknowledged that more research is still needed into the practicalities of this in our jurisdiction. This new report provides a useful global perspective on policy development in this area. However, we must also continue to defend and strengthen access to publicly funded legal services and challenge policy makers to bring deserving cases within the scope of legal aid rather than seeking alternatives to this indispensible part of our justice system”.
Notes
LEI is a purchasable product through which individuals can obtain legal assistance from a private provider with some or all of the expenses covered by an insurer. The report, titled Legal Expenses Insurance and Access to Justice, presents a cross-jurisdictional analysis of nine jurisdictions where the LEI market is either widespread or limited, and explores whether certain factors act as barriers to the greater implementation, uptake and use of LEI in limited LEI market jurisdictions.
The findings suggest that the ‘forgotten middle’ could benefit from LEI. However, three key barriers to increased implementation and uptake of LEI policies are identified in the report, including lack of awareness among consumers as the availability of information and promotion of LEI as a purchasable product is generally poor. Other barriers include limits of indemnity and perceptions of conflicting interests of legal representation appointed by the insurer or in-house lawyer employed by the insurer.
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