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20 November 2015 / Dr Chris Pamplin
Issue: 7677 / Categories: Features , Expert Witness , Profession
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A costly clash

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Chris Pamplin looks at a case where the Legal Aid Agency thought it could override the will of the court

The decline and fall of the legal aid system in England and Wales has been seen in legal circles as one of the most lamentable episodes in law reform in recent years. Dubbed by The Guardian as “the forgotten pillar of the Welfare State”, legal aid has been firmly in the firing line since 2010 when Kenneth Clarke, the then Justice Secretary, promised to cut civil legal aid by a further £350m by 2015.

What the Ministry of Justice calls “reforms” have seen whole categories of law taken out of scope for legal aid funding. One such category is family law, where legal aid is now only available with evidence of domestic violence, forced marriage or abduction. As a result, two thirds of parties to family law proceedings now represent themselves.

The debate rages on about how far this is a positive or negative change for our justice system. What is clear, though, is that parties denied professional legal representation or access to

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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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