Geoffrey Bindman QC shares his reflections on crowdfunding as a route to access to justice
Access to justice has been seriously curtailed by the erosion of legal aid and the underfunding of our judicial institutions. Amnesty International has recently reported that the justice system is “increasingly closed to the poorest, most vulnerable and most in need of its protection” (see Jon Robins, “Cuts that hurt”, NLJ , 21 October 2016, p 7).
Should members of the public help to make up the deficit? Access to justice is primarily the responsibility of government. At one time many of us took the view that pro bono contributions both to funding and unpaid professional services merely encouraged government to make even more cuts, but it has become clear that they need no such excuse. Where an issue arises which demands court action, should not sympathetic citizens be free to give their support, financial and other wise?
Strangely—as it seems to-day—the common law prohibited the involvement of third parties in litigation. Maintenance was the crime of supporting litigation pursued by others when one
