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28 September 2017 / Dr Jon Robins
Issue: 7763 / Categories: Opinion , Legal aid focus , Profession
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Bach’s big idea

Jon Robins welcomes Lord Bach’s proposal to put legal advice on a par with the right to free healthcare & education

There are many recommendations in the long-awaited report of the Bach Commission on Access to Justice published last week; but there is one big idea: ‘a new legally enforceable right to justice’. Coming after a number of post-LASPO (Legal Aid Sentencing and Punishment of Offenders Act) reports in recent months—ironically, the government’s own review of its legislation remains nowhere in sight—Lord Willy Bach and his fellow commissioners needed ‘a big idea’ to stand out from the crowd.

It is often said that legal aid is ‘a pillar of the welfare state’. If that’s true, our system of publicly-funded law has become so enfeebled that it is no longer load-bearing. The introduction of a right to justice is compelling because it re-establishes the connection between our system of legal aid to the principles upon which the welfare state was built.

The proportion of the population eligible for legal aid collapsed from eight out of 10 people in 1980 to less than one third of the

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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