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17 November 2023 / Roger Smith
Issue: 8049 / Categories: Opinion , Legal aid focus , Profession
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Legal aid on the Day of the Dead

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Roger Smith casts his eye over the options to meet unmet legal need & finds some chinks of light

The Legal Services Consumer Panel chose Halloween, one of the days of the dead, to hold a conference on unmet legal need. Given the dire state of legal aid— which can truly be described as eviscerated—the panel may have revealed more than it intended by its choice of subject. Whatever the origin of the event, some interesting issues emerged.

The first point is why a regulator has any interest in the topic. You might think its point is to impose standards on what is being provided—a role ex post facto—rather than as instigator. The panel has a number of answers to this. After all, improvement of access to justice is included in regulators’ statutory duties. More generally, all regulators are subject to the Public Sector Equality Duty. Further, various suggestions for reform might require regulation. But the essential reason is probably that, with the abolition of the Legal Services Commission under the Conservative Government, no other government related

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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