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16 February 2018 / Sir Geoffrey Bindman KC
Issue: 7781 / Categories: Features , Legal aid focus , Profession
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Opportunity knocks

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The new Lord Chancellor has a great chance to make equal access to justice a reality, as Geoffrey Bindman explains

  • Strenuous efforts from the 19th century onwards to give the poor equal access to the legal system have struggled to match the growing dominance of the commercial sector.

Our solicitor Lord Chancellor has a great opportunity. The government’s forthcoming review of LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012) may well recommend some improvement in access to justice. One would like to see a complete reversal of the steady decline in legal aid funding and coverage which has taken place over several years, in line with the recommendations of the Law Society and the recently published report of the Bach Commission. The case for doing so is overwhelming, given the fundamental importance of maintaining the rule of law—of which equal access to the legal process is an essential component.

However, we must question whether tinkering with the legal aid system is ever going to be sufficient. The Bach report, The Right

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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