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Levelling up access to justice

18 June 2021 / Roger Smith
Issue: 7937 / Categories: Opinion , Legal aid focus , Technology , Covid-19
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In the first of a three-part series, Roger Smith explores the current & future state of the access to justice sector

Few would dissent from the proposition that technology is changing our world—from online shopping to the application of artificial intelligence. And there would be similarly little opposition to the observation that technology is, more specifically, changing the practice of commercial law. Just look at the investment that firms like Allen & Overy are making in their own in-house innovation hubs to anticipate developments in the law tech market.

By contrast, the impact of technology on access to justice is much less clear. This article is the first of four to look at this issue. It covers some of the general issues. Three subsequent pieces will cover separate elements—legal practices focusing on clients with low incomes; the not-for-profit sector; and the courts.

Patchwork funding

Part of the obscurity comes just from the concept of ‘access to justice’ itself. This is a handy, ‘you know what I mean’ kind

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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