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15 November 2024 / Roger Smith
Issue: 8094 / Categories: Opinion , Legal aid focus , Profession
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A cold wind blows

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Roger Smith on why he believes the model of civil legal aid developed as part of the post-war welfare state is bust

The Autumn budget provides little comfort for civil legal aid practitioners. The good news was that the Ministry of Justice (MoJ) overall budget was increased by just under £14m—an annual increase of 5.6%. The bad news was that this largely went on new prison places, more staff and ‘thousands of new electronic tags to monitor offenders’. There was not a word about addressing the crisis in civil legal aid.

That crisis has been documented by the Law Society for some time. It is true that the society is not exactly an impartial source. Its members are hurting here. But few objective observers could quibble with Chancery Lane’s plea for a full ministerial review of legal aid back in February: ‘Without immediate cash investment, civil legal aid providers are facing an existential crisis. Over the past decade the number of legal aid firms has nearly halved, while the number of

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NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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