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The law is (still) not a level playing field

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The proper funding of our justice system, so neglected by recent governments, is a vital issue for our society and it demands urgent action, says Geoffrey Bindman KC

In his recent piece on third-party litigation funding, Roger Smith considered the intervention of a new breed of entrepreneur into the funding of litigation. He sees this as a step in increasing ‘commoditisation’ of the law—defined by Google as ‘transformation of something into an object of trade or commerce’ (‘Third-party funding—regulation needed?’ 172 NLJ 8002, p6).

In a more recent article, he has criticised the government’s delay of its ‘distant and unfunded’ review of civil legal aid as an’ abdication of responsibility’ (‘Civil legal aid: rolling down the road?’ NLJ, 20 January 2023, p6). Both issues raise the broader question: how should our independent legal profession and our justice system be funded?

Double-edged swords

The earliest lawyers in Greece and Rome were unpaid. The great Roman lawyer Cicero

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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