header-logo header-logo

17 September 2010 / John Ford
Issue: 7432 / Categories: Opinion , Legal aid focus
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll