The Cost of Legal Action – a crisis of access and weaknesses in the system

Published:

23 June 2026

Piggy bank with coins near it; hand adding a coin to the piggy bank.

A recent study by the Law Society and the Legal Services Board found that only 1 in 5 (21%) believe they can access justice in England and Wales. This study also found that 49% of those asked thought legal aid was only available for crime-related issues.

A core principle of the Rule of Law is that the law should apply equally to everyone and be accessible and clear. This principle is intended to protect:

accessibility and clarity of the law, and
equality before the law.

One way that our legal system aims to uphold the Rule of Law is through legal aid.

Legal Aid

The Legal Aid Agency (LAA) is a crucial part of the justice system that helps people who can’t afford a lawyer to access legal advice and/or representation. It’s meant to make the justice system fairer, so that your safety or your future isn’t determined by how much money you have. People use legal aid for all kinds of urgent situations; however, not all matters are covered by legal aid.

You can get legal aid for many civil (non-criminal) matters, including (but not limited to) community care, special educational needs, asylum claims, victims of trafficking, actions against public authorities, Judicial Review, discrimination, eviction and serious disrepair, mental health and public childcare matters. The full list is set out in Part 1 of Schedule 1 of LAPSO, see more here: https://publiclawproject.org.uk/current-projects-and-activities/legal-aid/who-can-get-legal-aid/

Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal.

Clients do not receive money directly from the LAA to pay any solicitor of their choosing. Instead, clients must use a solicitor or legal practice that has a contract with the LAA. The solicitor completes the work after determining that the client is eligible for legal aid, and then the LAA pays the legal practice directly, through its online systems.

To be eligible for legal aid there are tests that you need to satisfy. The tests are different for criminal and civil matters, but both usually include a means test and a merits test.

For criminal cases, the rules are different depending on the court which is hearing the case. For civil cases there are some exceptions to these tests where the matter concerns domestic abuse and/or forced marriage, and for mental health tribunal cases. Those in receipt of mainstream benefits are ordinarily ‘passported’ through part of the means test.

There are lots of helpful pages online to find out more about the legal aid tests and your eligibility: Legal aid: What you can get legal aid for - GOV.UK; Legal aid: Check if you can get legal aid - GOV.UK.

Why is legal aid so important?

The next section of this blog gives context to why schemes like legal aid are so important, and explores other ways that you can get help and finance legal advice.

Legal Fees:

Here are the court fees – the fees just to begin proceedings or submit an application – for different legal matters:

Claim/ Application:	Court Fees
Divorce	£612
Child Arrangement Orders	£263
Application for probate	£300 if the estate is over £5000, no fees if the estate is valued below £5000.
Small Claims	Depends on the amount of money claimed. See: Make a court claim for money: Court fees - GOV.UK
Employment Tribunal claim	No fees

There is a full list of these fees here: Fees in the civil and family courts – main fees (EX50) - GOV.UK

On top of these court fees, without legal aid, a person seeking to pursue a case in court must consider the additional costs of a solicitor’s and/or barrister’s fees, which can vary depending on the professional.

Another big consideration, in most cases, is the potential costs of losing. In many civil cases, the general rule is that the unsuccessful party is ordered to pay the successful party’s legal costs, although important exceptions apply, including in the small claims track and many family and employment matters.

Solicitors:

Solicitors charge for their time, including any interaction: from an email, phone call, face to face meeting, drafting documents and more. To keep costs as low as possible, it is vital to plan and prepare in advance for any interactions with an instructed solicitor. Things to consider include addressing the main points you want to make, incorporating a list of all the questions necessary and relevant to your case, and ensuring that the necessary documents are provided. While it may be tempting to ask AI to assist you in your interactions with your solicitor, you should discuss this with them first to ensure this is appropriate for your case and in your circumstances, and to avoid any additional costs which could be incurred through extra work resulting from its use.

You must also consider the way in which the solicitor may charge for their service, whether it is through:

a fixed fee arrangement,
an hourly rate arrangement,
a conditional fee arrangement (you do not pay your solicitor’s fees if the claim fails, although you may still be liable for disbursements, insurance premiums, or the other side’s costs depending on the agreement, any insurance sought and the type of case), or
an alternative arrangement with a different pricing model.

Barristers:

Similar to solicitors’ service charges, there is no standard amount that a barrister will charge. Barristers work under a range of arrangements, which you must be sure of before proceeding – usually this will be arranged through your solicitor. If you are not sure, you must ask questions for complete clarity. Barristers are required to keep records of the fees they charge and what they are for and you are entitled to see the records.

Usually, a barrister's bill includes costs for:

attendance at courts and meetings,
drafting documents, and

Additional Costs:

In a privately-funded (non-legal aid) case, disbursement costs are things you pay for yourself, including:

court costs,
expert witness fees,
photocopying,
travel costs,
postage,
accommodation, and
interpreter services etc.

If you are awarded costs at the end of the case you will be able to include these disbursements in your claim for costs from the other party, alongside any claim for your legal fees. The court will decide what you should be awarded in costs. Ensure to keep receipts and invoices as evidence of disbursements.

Public Access Scheme:

A Public Access Scheme (also known as a Direct Access Scheme) is available to the public and organisations to gain legal advice and representation from certain barristers, without the need for a solicitor. The barrister can provide the services of providing legal advice, assisting with drafting correspondence, statements and court documents, as well as representing you in court. The main advantage of this scheme is that it could potentially save you money whilst giving you access to the Bar; however the responsibility of day-to-day management of your case will rely solely on you. The responsibility could include having to assist in areas such as filing documents with the court, among other things. More information can be found here.

If you are in need of a barrister, but cannot afford one, there are various charities available

that may be able to help you find assistance from a barrister, such as Advocate and the Free Representation Unit (FRU).

Representing yourself:

Someone who decides to (or has to) represent themselves in court is known as a “Litigant in Person.” A litigant in person will need to comply with the relevant procedure rules and any court orders made in the course of proceedings.

For civil claims, according to the Civil Procedure Rules (CPR) and Litigants in Person (Costs and Expenses) Act 1975, a Litigant in Person should have the right to recover ‘… sums in respect of any work done, and any expenses and losses incurred, by the litigant in or in connection with the proceedings to which the order relates’. This means litigants in person may in some circumstances recover costs for time reasonably spent on the case, currently at a prescribed rate of £24 per hour, subject to court rules and judicial discretion. A person will be able to recover their disbursements in full, but no more than two-thirds of the costs which would have been allowed if they had been represented.

Cyberattack in the LAA

In April 2025, the Legal Aid Agency (LAA) was hit by a major cyber-attack. At first, it sounds like just another headline about hackers and security systems, but the more closely you look, the more worrying it becomes. It wasn’t just a technical problem. It was a moment that left thousands of people without help when they needed it most and in fear of what might have happened to their data.

When the cyber-attack happened, the LAA had to close its online systems completely. Law firms and chambers couldn’t log in, access case files, upload documents, or even receive payments for the work they had already done. For many months, the whole digital part of the legal aid system was frozen.

Investigations showed that unauthorized access to the LAA’s systems may have started months before the shutdown, and many months after the initial disruption, government updates confirmed that only a small number of systems had been restored, while others continued to operate under temporary arrangements.

The government explained:

“We have put in place contingency measures to ensure legal aid applications can continue to be processed while we work to restore the affected systems.”

At the time, there was very limited public information about who may have carried out the attack. No specific hacking group officially claimed responsibility, and the government avoided naming any suspects while investigations were ongoing. The nature and scale of the attack led commentators to suspect an organised criminal group, rather than an isolated individual actor. The contingency arrangements were criticised as insufficient by the sector.

The Fallout

The media focused heavily on how domestic abuse victims were affected. Survivors of abuse rely on fast legal action, often for things like protective orders and emergency housing. But they weren’t the only ones affected. People who were on the verge of losing their homes, families going through crisis, migrants and asylum seekers dealing with strict deadlines, people accused of crimes who needed defence lawyers; anyone already struggling suddenly found themselves even more vulnerable.

When a cyberattack happens, it’s not only about shutting down a computer system. There’s also the fear that private information has been leaked or stolen. Legal aid cases involve incredibly sensitive details, such as addresses, medical records, police reports, and financial information. Some of it belongs to people who are not safe if that information gets leaked. It is terrifying that this kind of information may have fallen into the wrong hands.

The government’s FAQ page stated that the affected data “may have included contact details, dates of birth, national insurance numbers, and other information provided in legal aid applications.” It also became apparent that information belonging to individuals who had applied for legal aid as far back as 2007 was among the compromised data. This prompted public debate about long-term retention of sensitive personal data and whether existing cybersecurity protections were adequate.

The government introduced a support scheme for people who may have been affected by the breach. This included guidance on how to protect personal information, such as monitoring bank accounts and being alert to suspicious activity. The LAA set up communication channels to update affected individuals and answer questions about what data may have been exposed. This support scheme was also criticised as being insufficient.

Long-Term Problems Exposed

The attack exposed problems that have existed in the system for a long time. Legal aid has been underfunded for years, and many of its digital systems are outdated and slow.

Moreover, law firms that rely on legal aid often operate with very limited resources. When the cyber-attack shut down the Legal Aid Agency’s payment systems, these firms, and the barristers they instruct, weren’t paid for months.

The attack also raised an uncomfortable question: how can something so essential collapse so easily?

We expect banks, hospitals, and schools to have strong digital protection, and yet more and more of them are becoming targets of cybercrime. The justice system is no different. If anything, it needs stronger protection because it deals with people at some of the most vulnerable moments of their lives.

This incident makes one thing clear: technology and law are now inseparable. Most of the time, this is a beneficial thing. Online systems make processes faster and more efficient. However, it also means that if the technology fails, the justice system can stop functioning.

Where Is the Agency Now?

Official updates indicate that LAA services have been reintroduced in stages, with additional security measures implemented. The incident has led to ongoing reviews within the Ministry of Justice, such as increased scrutiny of digital infrastructure and a stronger emphasis on contingency planning.

Conclusion

The cyberattack has created a moment for reflection and to review what the system needs: proper funding, both for its digital systems and for the people who work within it.

Underfunded systems are weaker systems. In addition, there needs to be broad recognition for how important the legal aid system is. It’s not an option; it’s a fundamental requirement of a fair society.

Beyond legal aid, the courts are dealing with a rising number of backlog cases (unresolved cases waiting to be processed), and many cases are facing delays.

As set out here, while there are ways in which you can get help with legal fees, there are clear weaknesses within the system. The process of obtaining legal aid can be uncertain, tedious and time consuming, as are the court wait-times, all demonstrating that there is much need for improvement in the UK’s court system.

The recent cyberattack, while alarming, does present a possible positive outcome: the opportunity to demand better. We can support organisations that fight for better and broader legal aid funding and raise awareness for why accessible justice matters.

Further Support and References

In order to find more information about legal aid and increasing the affordability of going through a court/tribunal proceeding, check below.

Legal Aid Agency’s website: Legal aid: What you can get legal aid for - GOV.UK

Check if you can get legal aid - GOV.UK

The Law Society’s ‘Find a Solicitor’ search tool: Find a Solicitor - The Law Society
Law Centres Find your local Law Centre and Citizens Advice
Pro bono charities and networks: Advocate; LawWorks; Free Representation Unit (FRU)
Specialist charities: Rights of Women; Coram Children's Legal Centre; Shelter
Public Access Scheme: Bar Council Direct Access Portal

By Ada Başgönül and Sadia Islam, Student Blog Writers at QMLAC and LLB Law Students.

This blog is for information only and does not constitute legal advice on any matter. While we always aim to ensure that information is correct at the date of posting, the legal position can change, and the blogs will not ordinarily be updated to reflect any subsequent relevant changes. Anyone seeking legal advice on the subject matter should contact a specialist legal representative.