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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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
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