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11 May 2018 / Dr Jon Robins
Issue: 7792 / Categories: Opinion , Legal aid focus , Criminal
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#The Law Is Broken

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Jon Robins laments the state of a criminal justice system beset by legal aid cuts, unconscious bias & miscarriages of justice

As barristers return to man the metaphorical barricades to protest the latest round of legal aid cuts and the solicitors’ professional body gloomily predict ‘extinction’ for its ageing members (according to Law Society research, the average age of duty solicitors is 47 years), few lawyers would take issue with the oft-repeated assertion in the legal Twittersphere: #TheLawIsBroken.

Even senior judges are speaking out. Earlier this month, Lady Justice Hallett told The Guardian that the English justice system was hanging on to its reputation as the best in the world by its ‘fingernails’ and her boss, the Lord Chief Justice Lord Burnett of Maldon, complained that under-investment in the court estate ‘amounted to neglect’.

Measure of contempt

Austerity has hit the criminal justice system hard. Towards the end of last year, it was revealed that by the end of the decade the Ministry of Justice (MoJ)’s budget will have been slashed

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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