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20 May 2022 / Roger Smith
Issue: 7979 / Categories: Opinion , Legal aid focus , Profession , Criminal
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Legal aid: welcome to the fight

81963
Legal aid has been run into the ground. Is it time for public defenders to step in, asks Roger Smith

No reader can be unaware that the Criminal Bar Association is conducting a major campaign for better remuneration. Its Twitter account headlines its uncompromising stand: ‘Unless and until there is substantial movement to meet our legitimate demands, don’t expect a ballot of members on withdrawing its current industrial action.’

The Bar’s most effective weapon has been its policy of members refusing to take late return briefs. This removes flexibility from the scheme, adds further delay to a justice system near to breakdown from a decade of cuts and court closures, and causes victims politically visible pain. Unfortunate but necessary industrial action. I have no principled problem with that. Politicians want to play politics with legal aid? Welcome to the fight. I am for the lawyers.

I do have an issue, however, with one of the demands of the campaign: that barristers will not join the fledgling Public Defender

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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