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01 October 2010
Issue: 7435 / Categories: Legal News , Legal aid focus
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Legal aid tremors

Three major fault lines exposed in current system

Legal aid is caught in a “vicious circle” and requires a fundamental review and “realignment” of three basic faults if it is to be maintained at a reasonable standard.

A report published this week by the Legal Services Institute (LSI)—a think tank funded by the College of Law—identifies three main “fault lines” in the current system: “a fragmented and inefficient supplier base, a failure to match rights and funding, and broader systemic shortcomings”.

The report, Civil Legal Aid: Squaring the (Vicious) Circle, finds that there are greater overhead costs than necessary because of the large number of suppliers of legal aid work, both for the Legal Services Commission and the law firms themselves, therefore best value for money is not being achieved. In addition, the report stated that the increasing number of legal rights afforded to citizens, many of which are aimed at the most disadvantaged in society, are not matched by an increased availability of funds to allow people to pursue those rights.

The report favours the development of single source contracting through CLACs and CLANs (Community Legal Advice Centres and Networks) and the use of graduated fee schemes to cut down on administrative costs. It notes that law firms face extra costs by having to bid for matter starts.
It suggests that advice delivered need not always be “high quality”, and calls for greater “utility of service”—advice that is useful to resolve the client’s problem.

The report states that “too often [the legal aid fund is] being asked to pay for something which is not sufficiently useful, because, for instance, lawyers are sitting on the fence or are fanning the flames of a dispute rather than working quickly to resolve it”.

LSI director, professor Stephen Mayson says: “If efficiency savings in legal aid lead to any undermining of the rule of law, or compromise the administration of or access to justice, while we might have achieved a degree of fiscal prudence, society will undoubtedly be the poorer for it.”

Issue: 7435 / Categories: Legal News , Legal aid focus
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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