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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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