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18 February 2021 / Dr Jon Robins
Issue: 7921 / Categories: Features , Legal aid focus
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Injustice clustered: a stacked system

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The ‘single-issue’ approach of the legal system ensures it is stacked against the disadvantaged, says Jon Robins

Social welfare lawyers will recognise the scenario. The flustered client who arrives with their shopping bag stuffed full of unopened correspondence. Each bill reveals one more unresolved issue. Problems rarely arise singularly but, like buses, they tend to come all at once and when they do, they are overwhelming.

Legal policy wonks have a name for the phenomenon: ‘problem clusters’. Someone loses their job, they can’t afford to pay their rent or mortgage, they have problems claiming welfare benefits, etc. It has been the subject of debate in the legal aid world, and some controversial policy initiatives, since the influential 2004 study Causes of Action: Civil Law and Social Justice.

Yet lawyers, the courts and much of the administrative bureaucracy surrounding public bodies, operate on a ‘single-issue’ basis. It is that complexity, and the indifference of our legal system to it, that is the subject of a fascinating and thoughtful book

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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