Proposals For The Reform Of Legal Aid In England And Wales

Author : Great Britain: Ministry of Justice
Publisher : Stationery Office
Page : 218 pages
File Size : 41,9 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.

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 290 pages
File Size : 47,7 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

Author : Great Britain: Department for Constitutional Affairs,Legal Services Commission
Publisher : The Stationery Office
Page : 76 pages
File Size : 46,9 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.

Author : Moore, Sarah,Newbury, Alex
Publisher : Policy Press
Page : 96 pages
File Size : 49,6 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.

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 86 pages
File Size : 48,8 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.

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 88 pages
File Size : 54,6 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

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 146 pages
File Size : 41,6 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

Author : Great Britain
Publisher : The Stationery Office
Page : 148 pages
File Size : 54,5 Mb
Release : 2012-05-11
Category : Law
ISBN : 0105610127

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Legal Aid, Sentencing and Punishment of Offenders Act 2012 by Great Britain Pdf

These notes refer to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (ISBN 9780105410126) which received Royal Assent on 1 May 2012

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 108 pages
File Size : 40,9 Mb
Release : 2010-11-15
Category : Law
ISBN : 010179472X

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Proposals for reform of civil litigation funding and costs in England and Wales by Great Britain: Ministry of Justice Pdf

In Lord Justice (Sir Rupert) Jackson's report, ’Review of Civil Litigation Costs: Final Report', (ISBN 9780117064041, January 2010 109 recommendations are put forward to promote access to justice at proportionate costs. This consultation sets out the proposals that the Government is taking forward as a priority. These include Sir Rupert's package of proposals on the reform of conditional fee agreements (CFAs) and on damages-based agreements (DBAs or ’contingency fees'). Sir Rupert also puts forward two alternative packages of recommendations should the primary recommendations not be implemented. These packages would introduce more rigorous control over the level of success fees and ATE insurance premiums that can be recovered from the losing side. The Government considers that the radical reform proposed in Sir Rupert's primary recommendation is needed, but these alternative measures are included in this consultation so that those responding can consider other options. This consultation also covers three other proposals from Sir Rupert's report. The first is to ensure proportionality of total costs. The second is allowing lawyers to enter into damages-based agreements (DBAs) with their clients in litigation before the courts. The use of these agreements is currently not permitted in litigation. However, the Government agrees with Sir Rupert that allowing DBAs would give litigants greater choice in deciding the most appropriate funding method for their case, and could increase access to justice for claimants if CFAs become less attractive. The third concerns increasing the hourly rate recoverable by a successful litigant in person.

Author : Great Britain. Lord Chancellor's Department
Publisher : Unknown
Page : 38 pages
File Size : 54,5 Mb
Release : 1987
Category : Legal aid
ISBN : STANFORD:36105063010164

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Legal Aid in England and Wales by Great Britain. Lord Chancellor's Department Pdf

Author : Mavis Maclean
Publisher : Routledge
Page : 168 pages
File Size : 52,5 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781315446264

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Delivering Family Justice in Late Modern Society in the wake of Legal Aid Reform by Mavis Maclean Pdf

Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.

Author : Sarah Moore,Alex Newbury
Publisher : Unknown
Page : 95 pages
File Size : 40,6 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.

Author : Ellie Palmer,Tom Cornford,Yseult Marique,Audrey Guinchard
Publisher : Bloomsbury Publishing
Page : 399 pages
File Size : 45,5 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781849469333

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Access to Justice by Ellie Palmer,Tom Cornford,Yseult Marique,Audrey Guinchard Pdf

Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Author : M. Trebilcock,Anthony Duggan,Lorne Sossin
Publisher : University of Toronto Press
Page : 577 pages
File Size : 46,7 Mb
Release : 2012-05-03
Category : Law
ISBN : 9781442660618

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Middle Income Access to Justice by M. Trebilcock,Anthony Duggan,Lorne Sossin Pdf

Though most conceptions of the rule of law assume equality before the law – and hence equal access to the justice system – this basic right is not being met for many low and middle income Canadians. This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation. Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest. Middle Income Access to Justice presents a variety of innovative solutions, from dispute resolution process reforms to the development of non-lawyer forms of assistance and new methods for funding legal expenses. In doing so, it lays the foundation for the development of a much-needed new delivery model to provide early intervention for legal services.

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : Stationery Office
Page : 163 pages
File Size : 41,8 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.