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17 September 2010 / John Ford
Issue: 7432 / Categories: Opinion , Legal aid focus
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Allocating access to justice

The LSC should pay due respect to its duty to ensure access to justice, says John Ford

It is more than 10 years since the landmark judicial review claim brought by Mackintosh Duncan challenging the Civil Contracting Scheme, R v Legal Aid Board and another, ex parte Duncan and another, [2000] All ER (D) 189. That case was decided before the Human Rights Act 1998 came into force. But it did take note of the measures which were to be enacted in the Access to Justice Act 1999 (AJA 1999).

The court recognised the serious impact of the proposed changes from the start: “Practitioners are seriously concerned at the effect of the contracting process on their clients. They believe that their clients will be denied access to justice. Many firms who specialise in social welfare areas of work often deal with people from deprived areas who desperately need access to effective legal help. They frequently do this work from a strong commitment to the vulnerable and disadvantaged because they believe that people

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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