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23 January 2026
Issue: 8146 / Categories: Legal News , Legal services , Legal aid focus , Litigation funding
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NLJ this week: Justice for some, access for few?

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The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026

Parliamentary committees have delivered ‘scathing’ criticism of the MoJ’s stewardship of legal aid, with one MP suggesting it be renamed the ‘Ministry of Justice (for Certain People)’.

While ministers talk up third-party funding, court decisions such as PACCAR and Evans v Barclays have chilled the market, raising hurdles for collective actions. Greene, senior partner at Edwin Coe, notes that the UK now ranks ‘30th out of 31’ comparable nations for affordable civil justice. Digital fixes have failed the ‘digitally excluded’, and successive reforms have merely shifted risk onto lawyers and funders.

The result? A justice system admired abroad but increasingly inaccessible at home.

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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