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11 January 2013 / Dr Jon Robins
Issue: 7543 / Categories: Opinion , Legal aid focus , Legal services , Profession
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New year, new debate

Access to justice is kicking off debate in 2013, notes Jon Robins

“The notion of ‘access to justice’ is somewhat totemic,” begins a new paper by Prof Stephen Mayson published by the Legal Services Institute (LSI) last month. Indeed. But what does it actually mean? It is “often easier to say what it is not rather than what it is”, the paper continues.

Mindful of Ken Clarke’s disingenuous assertion (at the launch of the LASPO bill) that “access to justice” was “the hallmark of a civilised society”, there has to be a pretty strong case to be made for this rather opaque phrase to be permanently decommissioned.

Professor Mayson (together with policy assistant Olivia Marley and senior policy adviser Stella Dunn) was looking at the phrase in the context of the Legal Services Act 2007 (LSA 2007), which has “improving ‘access to justice’” as a regulatory objective. It’s there in s 1.

Conspicuous failing

A conspicuous failing in the “access to justice” debate has been that the phrase

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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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