Legal aid costs in danger of spiralling out of all control

The Scottish Government's own report has warned of a shortfall in the legal aid budget in the years ahead.

John Lamont MSP, Scottish Conservative Justice Spokesperson, said:

"This is worrying, as even the most optimistic figures from the Scottish Government will prove to be wrong, primarily because of the implications arising from the Cadder ruling.

"Once again, we can see the results of the disastrous decision to incorporate ECHR into Scots Law. Along with the slopping out fiasco and attempts by criminals to get the vote, ECHR also gave us the Cadder Ruling, which the Scottish Government's own report suggests will add significantly to this shortfall.

"The legal aid budget is one of the largest components of Scotland's justice budget and must be controlled carefully. Legitimate claims must be allowed to be pursued regardless of the financial standing of the claimant.

"Although we must protect access to justice, we are in hugely difficult economic times and we must look to save money. Some have suggested that solicitors should offer no win no fee deals for some cases so that only those cases with a fair chance of success are pursued.

"Those cases with little probability of success would be dropped at an early stage and would also not be funded by the taxpayer. This needs to be considered by the Scottish Government because the situation is in danger of spiralling out of all control."

Below is the link to the Scottish Government's publication – A Sustainable Future For Legal Aid

http://www.scotland.gov.uk/Publications/2011/10/04161029/1

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