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19 July 2018
Categories: Legal News , Legal aid focus , Human rights
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Urgent action needed on advice ‘deserts’

MPs and Peers have highlighted the paucity of legal aid access in England and Wales and called for ‘urgent’ action to tackle the lack of legal advice available for people on low incomes.

The Joint Committee on Human Rights expressed ‘grave concerns for access to justice, the rule of law, and enforcement of human rights in the UK’, in a detailed report published this week, Enforcing human rights. They warned that large areas of the country have become ‘legal aid deserts’ as lawyers can no longer afford to provide these services to clients.

The committee, chaired by Harriet Harman MP, concludes that reductions to legal aid and reforms to the system have resulted in a situation where many people find it ‘simply unaffordable’ to enforce their human rights.

The government is currently reviewing LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012), which cut legal aid from large areas of civil and family law in April 2013.

The committee recommended that a review of the ‘broader landscape of legal advice and support’ urgently be taken, and that the financial eligibility criteria for legal aid be reconsidered and brought in line with the criteria for welfare benefits. It noted that the criteria has become more restrictive since LASPO.

It called for more legal support for families at inquests, and for urgent reform of the Exceptional Case Funding Scheme which funds only a few hundred cases rather than the 7,000 per year it was expected to support.

Other recommendations included that a statutory duty to uphold the independence of the judiciary be incorporated into the Ministerial Code; and that the Equality and Human Rights Commission be able to take human rights cases as well as equality cases.

Harman said: ‘For rights to be effective they have to be capable of being enforced.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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