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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

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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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