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29 May 2015 / David Burrows
Issue: 7654 / Categories: Features , Legal aid focus , Family
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​Taking the hit

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Does lack of clarity in the legal aid scheme prevent access to justice, asks David Burrows

A new government, a new Justice Secretary: there is no likelihood of improvement to the legal aid scheme. But is it now time to reflect on the lack of clarity—for lawyer and lay-person alike—of the present scheme? In particular it is surely time to ask whether the present process for application for legal aid—for an applicant merely to be able to apply to the court or defend a claim—is fair given the complexity of the present statutory scheme? The question of the obscurity of the scheme for application for legal aid can be tested against two recent cases on applications for domestic violence and for county court (and thus family court) committal proceedings.

In Brown v London Borough of Haringey [2015] EWCA Civ 483, [2015] All ER (D) 126 (May) the Court of Appeal concluded, after a lengthy analysis of complex legal aid statutory and regulatory provisions, that applications for legal aid for committal proceedings in civil

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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