header-logo header-logo

Civil legal aid: too little, too late?

24 January 2025 / Roger Smith
Issue: 8101 / Categories: Opinion , Legal aid focus
printer mail-detail
204796
Reading between the lines of the government’s latest review of the civil legal aid system, Roger Smith unearths the same old fundamental problems at its heart

Over the new year, I read the suite of seven final reports of the Ministry of Justice’s review of civil legal aid. I did so with a heavy heart. For what is now nigh on a half century, too many of these attempts to identify ‘evidence-based options’ for future legal aid policy have rolled across my desk like tumbleweed through a Western desert. This version suffers from the crucial structural weaknesses of most of its predecessors. But, within those limitations, there are, to quote Leonard Cohen, some cracks where ‘the light gets in’.

Structural weaknesses

And the structural weaknesses endemic to this sort of exercise? The first is political, and the second methodological. This review was established in January 2023 by Dominic Raab, a now deservedly forgotten footnote to history as Boris Johnson’s one-time deputy prime minister. It was designed—after more than

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll