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27 October 2017 / David Burrows
Issue: 7767 / Categories: Opinion , Legal aid focus , Profession
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Right to justice: a political slogan?

Lord Bach may deserve plaudits but David Burrows urges caution—that which can be given by politicians can be taken away by them

Any judge is likely to be upset by the slogan ‘Right to Justice’ with an accompanying commission to monitor justice as proposed by The Right to Justice (Fabian Policy Report, September 2017 (the Bach Report ). Most people in UK—with the exception of the editor of the Daily Mail —probably believe that justice is what English judges do very well (see eg R (Miller & anor) v Secretary of State for Exiting the European Union [2017] UKSC 5, [2017] 2 WLR 583)); so a ‘right to justice’ is not something we need.

The Bach Report has three main areas of proposed reform:

  • It proposes a statute to enshrine a ‘right to justice’ alongside a ‘right to reasonable legal assistance’. These must be backed by a ‘Right to Justice Act’ and a Justice Commission.
  • It suggests reforms to the administration of legal aid; and a fairer scheme for means-testing reforms. It proposes
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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