header-logo header-logo

27 October 2017
Issue: 7767 / Categories: Legal News , Legal aid focus , Profession
printer mail-detail

Why ‘A Right to Justice Act’ is wrong

Lord Bach’s proposed Justice Commission’ is a ‘quango’ that ‘this country does not need’ and his proposed Right to Justice Act is a ‘silly idea’, solicitor and NLJ columnist David Burrows writes in NLJ this week.

Lord Bach’s 50-page Right to Justice report was published to favourable reviews last month. Its headline recommendation was to create a ‘right to justice’ for individuals to receive reasonable legal assistance at a price they can afford.

It also proposed the creation of an independent Justice Commission to develop and enforce this right.

According to Burrows, however, what’s needed is a clearly-written Legal Aid Act not a Right to Justice Act. He writes: ‘The scope of legal aid is for the politicians to decide upon. The scope of justice? Never.’

On the proposed Justice Commission, Burrows says ‘judges do not need anyone—beyond the copious and ever-expanding case law—to monitor their work or to issue guidance to them’.

Issue: 7767 / Categories: Legal News , Legal aid focus , Profession
printer mail-details

MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

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
back-to-top-scroll