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09 January 2019
Issue: 7823 / Categories: Legal News , Legal aid focus
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LASPO in real life

Online stories show cruel realities of life without legal aid

The Bar Council has published a video on the tragic story of Nicholas Harry’s struggle to fund legal representation for the inquest into the death of his 19-month old son, Sam, as part of a series on real-life examples of hardship caused by legal aid cuts.

Sam was killed either by his mother or his mother’s partner in 2013. Harry had earlier sold his house and taken out a loan in order to fund his legal case for custody (also removed from scope of legal aid funding in 2013), fearing his son was in danger, but was unsuccessful. A prosecution was unsuccessful, so Harry felt the inquest was his only chance to get answers. He again borrowed money to pay a lawyer. In the video, he says: ‘Without a solicitor, I’d still be thinking to this day, “what didn’t I ask?”’

Another video tells the story of Mary-Ellen, a nurse and homeowner forced to stop work in 1994 due to a debilitating health condition, whose care package was unlawfully cut from 12 hours to two hours. Prior to April 2013, she would have been eligible for legal aid as benefits are her only income but the enactment of LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012) meant the value of her home was taken into consideration, pushing her over the threshold. She could either sell her (specially adapted) home or access justice. Her solicitor agreed to act for free.

The videos are part of a series by the Bar Council and media platform openDemocracy showing the cruel realities of LASPO on openDemocracy’s Voices for Justice pages this month. The project includes interviews with charity workers and MPs such as Bob Neill and Bambos Charalambous and addresses a range of issues including custody disputes, disability rights and benefits, homelessness, Windrush and early legal advice.

LASPO removed legal aid from vast swathes of civil law, including inquests, private family law, benefits law, housing and employment. The government is due to hold its long-awaited review of the legislation this year. Last summer, it consulted on providing legal aid for inquest proceedings where the state is involved.

Issue: 7823 / Categories: Legal News , Legal aid focus
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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