Litigation in the public interest

 

The law allows for individuals to bring cases when they are dissatisfied or feel they have been wronged. Almost every part of the English legal system has rules and procedures that are geared towards individual litigation, including the approach taken by the courts and public funding options.

Public interest litigation aims to bring cases when there is something wrong with a system that wrongs everybody involved. The idea behind public interest litigation is that it changes the law for every person involved, rather than just the few that have the money and resources to litigate. There have been changes in public funding which consider whether litigation brought by an individual might have a bearing on the wider public interest, and if it is found to have a bearing then the legal services commission - the body that grants funding to individuals - is more likely to grant funding in that particular case.

Currently, public interest litigation requires an individual to start a case in which they have a personal interest. This requirement results in one key problem: the case might be settled in advance of a decision being made and this means that others affected by the case will not gain any benefit. A further issue with the current method of bringing public interest cases is that a case will not be funded by the state, even if it is in the wider public interest to bring the case, unless the person bringing the case comes within the strict Legal Service Commission rules.

If you would like to obtain legal advice on public interest litigation, Contact Law can put you in touch with a local specialist litigation solicitor free of charge. So, if you have any questions or would like our help in finding local litigation solicitors please call us on 0800 1777 162 or complete the web-form above.

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