Legal Aid Reform In England And Wales

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Legal aid in crisis

Moore, Sarah,Newbury, Alex
Legal aid in crisis Book PDF

Author : Moore, Sarah,Newbury, Alex
Publisher : Policy Press
Page : 96 pages
File Size : 46,9 Mb
Release : 2017-04-12
Category : Law
ISBN : 9781447335467

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Legal aid in crisis by Moore, Sarah,Newbury, Alex Pdf

Originally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.

Proposals for the reform of legal aid in England and Wales

Great Britain: Ministry of Justice
Proposals for the reform of legal aid in England and Wales Book PDF

Author : Great Britain: Ministry of Justice
Publisher : Stationery Office
Page : 218 pages
File Size : 52,5 Mb
Release : 2010-11-15
Category : Law
ISBN : 0101796722

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Proposals for the reform of legal aid in England and Wales by Great Britain: Ministry of Justice Pdf

In ’The Coalition: our programme for government' (ISBN 9780108509179, May 2010), a review of legal aid in England and Wales was promised. This paper puts forward proposals which aim to support wider plans to move towards a simpler justice system; one which is more accessible to the public, which limits the scope for inappropriate litigation and the involvement of lawyers in issues which do not need legal input; and which supports people in resolving their issues out of Court, using simpler, more informal remedies. Against a backdrop of considerable financial pressure on the Legal Aid Fund, the proposals have been developed with the aim of providing a substantial contribution to the Ministry of Justice's target of a real reduction of 23% in its budget, worth nearly £2bn in 2014-15. Sound finances are critical to the delivery of the Government's ambitions for public services: reducing the burden of debt by reducing public spending is essential to economic recovery. It is estimated that the proposals set out in this consultation would, if implemented, deliver savings of some £350 million in 2014-15 from legal aid.

Legal aid reform in England and Wales

Great Britain: Ministry of Justice
Legal aid reform in England and Wales Book PDF

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 290 pages
File Size : 46,9 Mb
Release : 2011-06-21
Category : Law
ISBN : 0101807228

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Legal aid reform in England and Wales by Great Britain: Ministry of Justice Pdf

This is the Government response to Cm. 7967 'Proposals for reform of legal aid in England and Wales (ISBN 9780101796729) and sets out the plans to deliver the goals stated in that paper. The legal aid programme put forward includes: reform of the classes of cases and proceedings retained within the scope of legal aid; exceptional funding; amendment of merits test criteria for civil legal aid; establishment of the Community Legal Advice Telephone helpline; financial eligibility reforms; criminal remuneration; civil and family remuneration; expert fees and alternative sources of funding

Legal Aid Reform

Great Britain: Department for Constitutional Affairs,Legal Services Commission
Legal Aid Reform Book PDF

Author : Great Britain: Department for Constitutional Affairs,Legal Services Commission
Publisher : The Stationery Office
Page : 76 pages
File Size : 49,7 Mb
Release : 2006-11-28
Category : Law
ISBN : 9780101699327

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Legal Aid Reform by Great Britain: Department for Constitutional Affairs,Legal Services Commission Pdf

The legal aid system is one of the cornerstones of the post-war Welfare State, and since its creation nearly 60 years ago, it has enabled millions of people to access legal advice, support and representation; many of whom would otherwise have been denied access to justice because they could not have afforded to pay. However, the expectations and pressures faced by the legal aid system today are very different to those when it was created, and this document sets out the Government's proposals to reform the system to ensure its sustainability and effectiveness in contributing to the fight against social exclusion. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 0101659121); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006.

Legal Aid in Crisis

Sarah Moore,Alex Newbury
Legal Aid in Crisis Book PDF

Author : Sarah Moore,Alex Newbury
Publisher : Unknown
Page : 95 pages
File Size : 43,6 Mb
Release : 2017
Category : Legal aid
ISBN : 1447335481

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Legal Aid in Crisis by Sarah Moore,Alex Newbury Pdf

This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. It argues that the reforms effectively 'delawyerise' disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process.

The Transformation of Legal Aid

Francis Regan
The Transformation of Legal Aid Book PDF

Author : Francis Regan
Publisher : Oxford University Press on Demand
Page : 305 pages
File Size : 48,5 Mb
Release : 1999
Category : Law
ISBN : 9780198265894

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The Transformation of Legal Aid by Francis Regan Pdf

Publicly funded legal aid has undergone rapid change in this century. Developing from charity to large scale, publicly funded schemes, legal aid flourished in many western countries in the 1960s and 1970s. But, during the 1980s governments began to lose faith in publicly funded legal aid. In the 1990s major funding and eligibility cuts have occurred in Sweden, England and Wales, the USA, Canada, Australia and the Netherlands. To answer the need for a better understanding of the extraordinary rise and fall of legal aid, this book brings together contributions from the leading international scholars in the field. Researchers from north America, Europe and Australia examine the origins of modern legal aid, analyse its recent rapid decline and consider its likely future. This collection of original studies does not, however, merely describe legal aids changing fortunes. The contributors also apply legal and social science perspectives to analyse and theorise about legalaid. In particular, rather than describe developments in individual societies, the contributors compare legal aid across societies to develop important insights including legal aids relationship with the legal profession, welfare states and legal families. This book will be embraced by all those interested in legal aid.

Government's proposed reform of legal aid

Great Britain: Parliament: House of Commons: Justice Committee
Government s proposed reform of legal aid Book PDF

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 86 pages
File Size : 47,5 Mb
Release : 2011-03-30
Category : Law
ISBN : 0215557131

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Government's proposed reform of legal aid by Great Britain: Parliament: House of Commons: Justice Committee Pdf

In this report, the Justice Committee examines the Government's proposed reform of legal aid. The proposals are intended to reduce by £350 million a year the cost of the system (which, with expenditure of more than £2 billion annually, is one of the most expensive in the world) at a time when the Ministry of Justice has to reduce its overall spending by almost a quarter. Certain areas of law will fall outside the scope of legal aid, with some being removed in their entirety, which includes family law, though not domestic violence. The Committee is unconvinced that using domestic violence as a proxy for the most serious cases is advisable and calls on Government to look at other ways legal aid can be focussed on the most serious family law cases. The Committee does welcome the Government's support for mediation services in family cases, but does not see this as a panacea. Further work needs to be done on how difficult and unresolved cases can be dealt with if legal aid is not available. The implementation of the proposals regarding family law should not happen before the Family Justice Review Panel has produced its full report. Cost reduction is achievable through public bodies, such as the Department for Work and Pensions, getting their decisions right first time and avoiding expensive court and tribunal cases. The Committee also thinks that the Government should reconsider whether legal aid should be available for certain types of judicial review. There is a degree of consensus amongst all political parties that the cost of legal aid needs to be reduced, but it is imperative that there is a careful assessment of the impact of the proposed changes on those people most dependent on legal aid. The Government needs to refine its proposals further before introducing a major change in the way the accessibility of the justice system has come to be viewed.

Access to Justice and Legal Aid

Asher Flynn,Jacqueline Hodgson
Access to Justice and Legal Aid Book PDF

Author : Asher Flynn,Jacqueline Hodgson
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 41,5 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781509900862

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Access to Justice and Legal Aid by Asher Flynn,Jacqueline Hodgson Pdf

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012

Great Britain. Parliament. House of Commons. Justice Committee
HC 311 Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid Sentencing and Punishment of Offenders Acvt 2012 Book PDF

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 87 pages
File Size : 52,8 Mb
Release : 2015-03-12
Category : Legal aid
ISBN : 9780215084064

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HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012 by Great Britain. Parliament. House of Commons. Justice Committee Pdf

Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.

Problems of the Access to Justice in the UK's Legal System

Suchana Chowdhury Suchi
Problems of the Access to Justice in the UK s Legal System Book PDF

Author : Suchana Chowdhury Suchi
Publisher : GRIN Verlag
Page : 15 pages
File Size : 50,7 Mb
Release : 2020-09-16
Category : Law
ISBN : 9783346247384

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Problems of the Access to Justice in the UK's Legal System by Suchana Chowdhury Suchi Pdf

Essay from the year 2014 in the subject Law - Philosophy, History and Sociology of Law, grade: A, University of Birmingham, language: English, abstract: The continuous reduction of legal aid funding has raised question whether the UK is denying its citizen’s access to justice and missing its rule of welfare state. It had been put into practice since the second half of the twentieth century, where the indigenous people, unable to afford the cost of access to justice, were granted legal aid funding with public money. Access to justice is no more prioritised like education, healthcare, and social security to utilise taxpayer’s money, while legal advice cost of barristers and solicitors has accelerated at a higher rate. Although equal opportunity and human rights are the two major focal points of English Legal System, austerity caused by economic downturn made it difficult to balance the spending of public money for common necessities of the society and curtailed legal aid. Thus, access to justice is far away from essential needs, and just a luxury for the poor people, which may bring lawlessness in the society.

Family legal aid reform

Great Britain: Parliament: House of Commons: Justice Committee
Family legal aid reform Book PDF

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : Stationery Office
Page : 163 pages
File Size : 41,5 Mb
Release : 2009-07-20
Category : Law
ISBN : 0215540077

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Family legal aid reform by Great Britain: Parliament: House of Commons: Justice Committee Pdf

The Legal Services Commission published a consultation document, Family Legal Aid funding from 2010: a consultation in December 2008. Those proposals were part of a borader strategy for lgal aid reform outlined in July 2006 in Lord Carter's report, Legal aid - a market based approach to reform. Lord Carter's strategy was a staged move from mixed economy of fixed and graduated fees, uplifts and other add-ons and hourly rates to a market based system of competitive tendering. The interim step envisaged to be fixed fees for different types of cases. The former Constitutional Affairs Committee supported the objectives but concluded that the plans were introduced too quickly and rigidly. The Justice Committee continues to support the fundamental aims of legal aid reform but feel evidence has not been provided that the approach being taken will achieve the desired outcomes.

Government's proposed reform of legal aid

Great Britain: Parliament: House of Commons: Justice Committee
Government s proposed reform of legal aid Book PDF

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 146 pages
File Size : 54,8 Mb
Release : 2011-03-30
Category : Political Science
ISBN : 0215558928

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Government's proposed reform of legal aid by Great Britain: Parliament: House of Commons: Justice Committee Pdf

Additional written evidence is contained in Volume III, available on the Committee's website at www.parliament.uk/justicecttee

Legal Aid and the Future of Access to Justice

Catrina Denvir,Jacqueline Kinghan,Jessica Mant,Daniel Newman
Legal Aid and the Future of Access to Justice Book PDF

Author : Catrina Denvir,Jacqueline Kinghan,Jessica Mant,Daniel Newman
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2023
Category : Justice, Administration of
ISBN : 1509957839

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Legal Aid and the Future of Access to Justice by Catrina Denvir,Jacqueline Kinghan,Jessica Mant,Daniel Newman Pdf

This open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.

House of Lords - House of Commons - Joint Committee on Human Rights: The Implications for Access to Justice of the Government's Proposals to Reform Legal Aid - HL 100 - HC 766

Great Britain: Parliament: Joint Committee on Human Rights
House of Lords House of Commons Joint Committee on Human Rights The Implications for Access to Justice of the Government s Proposals to Reform Legal Aid HL 100 HC 766 Book PDF

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 88 pages
File Size : 50,6 Mb
Release : 2013-12-13
Category : Law
ISBN : 0108551636

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House of Lords - House of Commons - Joint Committee on Human Rights: The Implications for Access to Justice of the Government's Proposals to Reform Legal Aid - HL 100 - HC 766 by Great Britain: Parliament: Joint Committee on Human Rights Pdf

The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with

Reform of Civil Procedure

A. A. S. Zuckerman,Ross Cranston
Reform of Civil Procedure Book PDF

Author : A. A. S. Zuckerman,Ross Cranston
Publisher : Unknown
Page : 484 pages
File Size : 50,7 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105060464265

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Reform of Civil Procedure by A. A. S. Zuckerman,Ross Cranston Pdf

5. Making Tracks: Nick Armstrong