Mr. Ken Murphy:

Sometimes people query the no foal, no fee process, but we view it as essentially an issue of access to justice and as entirely benign. Solicitors will not take a case - or are highly unlikely to do so - in which they do not believe or in respect of which they do not believe in the legal merits or the prospects of success because they know that if the case fails, they will not be paid. Clearly, then, the process screens out unstatable cases such that only relatively strong cases are ever initiated. In reality, the process is a substitute for the absence of legal aid because most people could not fund cases themselves.