header-logo header-logo

11 January 2013 / Dr Jon Robins
Issue: 7543 / Categories: Opinion , Legal aid focus , Legal services , Profession
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll