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17 February 2011
Issue: 7453 / Categories: Legal News
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Cuts will trigger DIY litigation

The Ministry of Justice’s legal aid cuts could end up costing the taxpayer more than they save, a “forensic” Bar Council investigation has shown.

A multi-disciplined working party of leading QCs, statisticians, economists, and academics appointed by the Bar Council examined the government’s proposals on legal aid.

Stephen Cobb QC, chairman of the Family Law Bar Association, who led the Bar Council’s response, says: “We fear these attempted cuts, being so crude and brutal, will cost more than they save. They will trigger a surge in DIY litigants which risks gridlock in the courts, as they struggle to get justice. This will slow down the court process considerably. 

“The government cannot say with any confidence that the proposed cuts will not end up costing as much as it is trying to save. We think that the effects on the administration of justice and the running of the courts, and the burden on other departments, could cost the government sums approximating to the sums it is trying to save.”

Baroness Butler-Sloss, a former president of the

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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