Fresh ideas for 21st century justice
Solicitors should feel proud of their role in delivering justice for the common good and supported to respond to changing consumer behaviours.
Over the last 20 years, justice has been undermined by cuts to court funding, legal education and legal aid.
Currently, just one in five people believe justice is accessible.
We launched our 21st century justice project in 2022 to examine potential reforms that could improve access to justice.
Over the last few years we have explored options to expand access to civil justice with our members, expert advisory group and stakeholders.
Since we launched the project, pressures in the political and legal environment have continued to grow. This requires innovative solutions as well as targeted investment.
What we’ve achieved
Download the full report
Our proposals
A modern civil justice system delivers an important public service and will enable our communities to thrive.
It will better support us to address and resolve common legal issues we may all face in our lives.
This could range from disputes with landlords, to fighting discrimination at work, to support setting up a new business.
We have highlighted where changes to government policy and legal practice could increase access to justice.
Six key recommendations
1. One trusted entry point for those with a legal need and safer online dispute resolution
Someone facing a legal problem will likely search for advice online. They will see thousands of results with no way to determine what is reliable and relevant.
The UK government should:
- invest in the development of a single, trusted website to help people understand and navigate their legal options
- consider creating an online dispute resolution ombudsman
2. Protecting legal consumers in the age of AI
The increase in awareness and use of artificial intelligence (AI) creates opportunities and challenges for the civil justice system.
The government should prioritise addressing people’s needs through technology-enabled justice, such as digitising the courts.
Government should encourage collaboration between solicitors, technology companies and other stakeholders.
Legal regulators need to assess the supply chain of AI, making sure that new tech is developed ethically.
3. A sustainable civil legal aid system
Civil legal aid is a pillar of our public services – it levels the playing field for people facing an uphill struggle to pay for legal advice and representation.
But years of underinvestment mean the system is cracking under the pressure.
The government should prioritise improving levels of trust between the Legal Aid Agency (LAA) and legal aid practitioners and regularly increase fees with inflation, establishing an independent body to periodically review fees.
The LAA should implement simpler legal aid processes and simpler contracts.
Support our campaign to save legal aid.
4. Maximising the potential of ombudsman schemes to deliver access to justice
Ombuds services help people to resolve disputes with businesses or public bodies.
The ombuds sector could act as a gold standard for out-of-court dispute resolution, adopting different techniques to fit the circumstances and seeking a fair outcome for all parties.
The government should rationalise the ombuds landscape to reduce overlap and make it easier for users to navigate.
Reforming access to ombuds services and the powers they have would improve access to justice.
5. Addressing the risks and opportunities of unbundled legal services
Solicitors typically handle all aspects of a case from start to finish.
Unbundled legal services differ as willing consumers will take on some of the work traditionally done by a solicitor.
Given the inaccessibility of legal aid and legal costs being seen as too high by some, unbundling may enable access to justice. But it poses risks for clients and solicitors.
The legal sector should build a greater understanding of unbundled legal services, including the benefits and risks.
The Solicitors Regulation Authority should collate data on which firms deliver unbundled services and provide clear guidance for consumers and firms.
6. Legal expenses insurance that works better for consumers
Around 14 million people have some form of legal expenses insurance – a type of insurance which could be used to help pay legal fees.
But very few people ever claim on their policies.
Solicitors should routinely ask their clients if they hold an existing legal expenses insurance policy, as a potential option for meeting legal costs.
The legal sector should work with the insurance industry and consumer support organisations to increase awareness of legal expenses insurance products for those who already hold a policy.
What we’ve been doing
March 2025 – we commissioned research on the Netherlands 'high trust' civil justice model:
High trust legal aid – adopting the Netherlands scheme for England and Wales (PDF 6.4 MB)
August 2024 – our online dispute resolution member research (PDF 1.3 MB)
April 2024 – our interim report (PDF 1.4 MB) sets out the feedback we’ve received, further research and engagement we’ve carried out.
The report also details the work we want to do in key areas of civil law over the next year to narrow the justice gap for those on lower incomes.
Cost-benefit analysis by Social Finance (PDF 176 KB) on greater use of non-court dispute resolution by small businesses.
Landscape analysis (PDF 612 KB) on the policy and regulatory context of consumer-facing AI by Dr Natalie Byrom of the policy advisory committee
February 2024 – qualitative research (PDF 389 KB) and our member survey (PDF 606 KB) on legal expenses insurance and unbundling.
October 2023 – our green paper (PDF 21.3 MB) sets out our initial ideas for practical, affordable changes to our civil justice system that will increase access to justice.
We launch a consultation asking for feedback on our ideas to help shape them further.
January 2023 – we start working with experts, small business representatives and consumer groups to propose practical changes to make the system work better for those on low incomes and small businesses.
We also work with our advisory group, who are a group of experts providing critical feedback on the project.
December 2022 – we kick off a three-year project to develop solutions to some of the problems facing civil justice in England and Wales
Chair: Richard Atkinson, vice president of the Law Society
Membership:
- Shruti Ajitsaria, partner and head of fuse at Allen and Overy
- Lola Bello, Legal Services Consumer Panel
- Edward Bird, chief executive at Solomonic
- Dr. Natalie Byrom, UCL Faculty of Laws
- David Cox, legal and compliance director at Rightmove
- Rebecca Hilsenrath, director of external affairs at the Parliamentary and Health Service Ombudsman
- Sue James, chief executive of the Legal Action Group
- Alexandra Lennox, legal transformation advisor at Orbital
- Jelena Lentzos, head of strategy and policy at the Legal Services Board
- Ashish Patel, justice programme head at Nuffield Foundation
- Matthew Pennington, chair of the UK Legaltech Association and director at Safe Capital
- Neil Roberts, head of legal services at Which?
- Phil Robertson, director of policy at the Bar Council
- Fiona Rutherford, chief executive of JUSTICE
- Sir Ernest Ryder, master of Pembroke College, Oxford and former senior president of tribunals and Lord Justice of Appeal
- Elisabetta Sciallis, principal policy adviser at Which?
- Kevin Williamson, director at the Housing Ombudsman and ombudsman at the Financial Ombudsman
- Yasmin Waljee, lead of social impact practice and head of pro bono at Hogan Lovells
- Paul Wilson, policy director at the Federation of Small Businesses
- Stuart Whittle, partner and chief Innovation and technology officer at Weightmans, and member of Legal IT Innovation Group Board
The Law Society:
- Lucy Dennett, director of policy
- David McNeill, director of public affairs
- Richard Miller, head of justice
- Julia Pitman, 21st Century Justice project manager
- Michael Devlin, 21st Century Justice policy adviser