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18 February 2021 / Dr Jon Robins
Issue: 7921 / Categories: Features , Legal aid focus
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Injustice clustered: a stacked system

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The ‘single-issue’ approach of the legal system ensures it is stacked against the disadvantaged, says Jon Robins

Social welfare lawyers will recognise the scenario. The flustered client who arrives with their shopping bag stuffed full of unopened correspondence. Each bill reveals one more unresolved issue. Problems rarely arise singularly but, like buses, they tend to come all at once and when they do, they are overwhelming.

Legal policy wonks have a name for the phenomenon: ‘problem clusters’. Someone loses their job, they can’t afford to pay their rent or mortgage, they have problems claiming welfare benefits, etc. It has been the subject of debate in the legal aid world, and some controversial policy initiatives, since the influential 2004 study Causes of Action: Civil Law and Social Justice.

Yet lawyers, the courts and much of the administrative bureaucracy surrounding public bodies, operate on a ‘single-issue’ basis. It is that complexity, and the indifference of our legal system to it, that is the subject of a fascinating and thoughtful book by Luke Clements, published by the Legal Action Group: Clustered

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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