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Back to the drawing board

12 May 2016 / Steve Hynes
Issue: 7698 / Categories: Opinion
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It’s time to rethink LASPO, says Steve Hynes

Four years ago the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) received royal assent. In the following April cuts to legal aid were introduced that according to the government’s own estimates denied access to justice to over 300,000 people. Since the controversial legislation was approved by parliament there have been calls for it to be reviewed (see “Overdue review?”, Jon Robins, NLJ, 22 April 2016, p 7). In the Cabinet Office guide to making legislation it was recommended that a review should take place three to five years after the legislation received royal assent. So a review of LASPO should happen soon.

Rather like a parliamentary equivalent of motherhood and apple pie no government or political party seems to disagree with the merits of a system of post-legislative scrutiny. Legislative reviews though, tend not to carry much weight or lead to any change unless the government of the day accepts that mistakes need to be rectified.

Start from scratch

LASPO has

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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