Legal expense insurance: can we learn from our European cousins?

Mhairi Campbell

Research output: Contribution to conferencePaper


In Scotland, there has been an increase in unmet legal aid in recent years. This, coupled with the cuts to the availability of state funded civil legal aid has created significant barriers in access to justice. Research indicates that fear of cost is the main reason why someone will not seek advice from a solicitor. At present, the Scottish and UK Government will launch a review into the civil legal aid system. However, it has been critiqued this will only be successful if there is an overhaul of the whole system as it is unsustainable.

Eligibility in particular has created a barrier for individuals who are deemed to be in the middle income trap (someone who earns too much to qualify for legal aid but cannot afford to pay for legal advice on their own). Legal expense insurance has been highlighted as a possible solution for unmet legal need in this particular group of litigants. In particular, it has been suggested to adopt the model that is based on Germany’s. This paper concentrates on discussing whether a voluntary or mandatory legal expense model in the UK would promote or hinder access to justice.
Original languageEnglish
Number of pages1
Publication statusPublished - 27 Mar 2018
EventSocio-Legal Studies Association Annual Conference 2018 - University of Bristol, Bristol, United Kingdom
Duration: 27 Mar 201829 Mar 2018 (Conference website)


ConferenceSocio-Legal Studies Association Annual Conference 2018
Abbreviated titleSLSA 2018
Country/TerritoryUnited Kingdom
Internet address


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