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26 July 2007 / Richard Miller
Issue: 7283 / Categories: Features , Legal aid focus
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Legal aid—a bleak future?

Is it too late to prevent a race towards low prices for minimum quality? asks Richard Miller

In these turbulent times when we don’t even know what payment structures legal aid firms will be working under in three months, it is an unenviable task to try to forecast where we will be in three to five years.

Of one thing I am certain. The system we end up with will not look anything like Lord Carter’s blueprint (see Legal Aid—A Market-based Approach to Reform). Some of it misunderstood the legal services market and would not work in practice. The Legal Services Commission (LSC) cannot or will not adopt some of the ideas. The government has repeated that there is no more money, which compromises the principle of competitive tendering.
The government is still putting £2bn per year into legal aid. Much of the work is subject to human rights obligations. The government must ensure access to services in criminal defence, public law, family, mental health and immigration, which account for around three-quarters of the budget. In social welfare law, the arguments are about how

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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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