header-logo header-logo

14 July 2014
Issue: 7615 / Categories: Legal News
printer mail-detail

LASPO leaves a legacy of delays

A gloomy picture of delays in the family and civil courts, litigants unable to secure representation and a decline in fee income has emerged from a major Bar Council report into the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Many barristers said they were actively considering whether they want to stay at the Bar long-term and that LASPO had caused them to rethink the viability of their career. A significant minority were considering a move to judicial or other positions before the end of this year.

LASPO removed legal aid from large areas of family and civil law, including debt, housing, immigration, benefits, private family and personal injury, in April 2013. It also introduced the Jackson reforms to shake up civil litigation procedure.

The Bar’s survey of 716 people, nearly 90% of whom were barristers, highlighted the impact of the Act.

A rise in court delays since LASPO was reported by 80% of family law respondents and 64% of civil law respondents. A “significant” rise in the number of litigants in person was noted by 88% of those who worked in the family courts and 70% of those in the civil courts.

Six out of ten respondents had experienced an increase in the number of lay clients requesting pro bono advice and representation.

Nicholas Lavender QC, chair of the Bar, says: “These changes pose a significant threat to effective access to justice for some of the most vulnerable members of society, as well as a threat to the viability of the publicly-funded Bar.

“Unsurprisingly, the preliminary results from the survey confirm the concerns we raised with the government some time ago: a significant increase in litigants-in-person, more delays in court, and growing difficulty for individuals in accessing legal advice and representation.”

He said improvements could be made by simplifying court processes to help litigants in person and promoting those legal aid services that still exist to ensure full take-up. 

Legal aid practitioners have previously warned of a public misconception that legal aid has been entirely removed whereas it may still be available in certain situations, for example, where someone is at risk of homelessness or is suffering domestic violence. 

 

Issue: 7615 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll