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16 December 2016 / Sir Geoffrey Bindman KC
Issue: 7727 / Categories: Opinion , Legal aid focus , Profession
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The legal aid challenge

Can Lord Bach produce a viable blueprint for a fair system of justice, asks Geoffrey Bindman QC

The commission on access to justice initiated a year ago by the Labour party under the leadership of Lord Bach, a former justice minister and shadow attorney-general, has issued an interim report (see “Bach for good”, Jon Robins, NLJ, 9 December 2016, p 7). The crisis in the justice system has been building over several years and there is no magic solution. Yet Bach makes a good start by identifying the problems and charting the direction of travel towards the realisation of the ideals embodied in Magna Carta and developed in the Legal Aid and Advice Act 1949. It promises a final report in another year.

In his introduction Bach cites Magna Carta’s famous chapter 40: “To no one will we sell, to no one will we deny or delay, justice or right.” This chapter remains part of our law to this day. The 1949 Act was intended to give effect to the principle, re-affirmed by the Law Society in its

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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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