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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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