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27 April 2022
Issue: 7976 / Categories: Legal News , Legal aid focus
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Trapped capital

Low-income individuals with ‘trapped capital’ are unable to access legal aid in 30% of cases, research by the Public Law Project has found

Its report, ‘Trapped capital’ and financial eligibility for legal aid, published this week shows significant hurdles remain for those, including domestic abuse survivors, with trapped capital in a family home or other asset. This is despite the decision in R (oao GR) v Director of Legal Aid Casework [2020] EWHC 3140 (Admin), which established the Director has discretion to value capital assets at nil.

Barriers include financial disincentives for legal aid providers, lack of training of caseworkers, lack of public information and the discretionary nature of the rules.

PLP’s Dr Emma Marshall, co-author of the report, said: ‘These findings are deeply concerning.’ Marshall added the proposals outlined in the government’s consultation, Legal Aid Means Test Review, which closes for responses on 7 June, ‘do not offer much cause for optimism’.
Issue: 7976 / Categories: Legal News , Legal aid focus
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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