Inaccessibility of justice

Wealthy litigants are in a position to hire expensive lawyers whose experience, skill and gravitas are perceived are recognized as contributing to a favourable outcome of the trial for their clients. Less wealthy litigants are far less able to sustain any losses resulting from what are termed the risks of litigation; an unsuccessful outcome can lead to financial ruin. With such prospects, even those of moderate wealth tend to be discouraged from engaging in litigation, whether or not there is a reasonable chance of success. Wealthy litigants are well placed to engage in bullying tactics once litigation has commenced, notably by increasing the scale and cost of litigation. Legal aid schemes are unable to compensate for the many advantages of the wealthy litigants, especially since such aid when available tends to be restricted to certain population groups engaging in certain kinds of litigation only.