header-logo header-logo

06 December 2018 / Dr Jon Robins
Issue: 7820 / Categories: Opinion , Legal aid focus
printer mail-detail

Out of touch?

Jon Robins questions Lord Sumption’s perceptions about the secondary importance of civil legal aid schemes

Lord Sumption was at it again at the Bar Council conference last month. Never one to feel overly constrained by judicial discretion and with retirement only days away, the Supreme Court justice had a few things to get off his chest.

The timing was interesting. Legal aid lawyers are currently waiting with bated breath (and zero confidence) for the government’s serially-delayed LASPO review. If they were hoping for a message of judicial solidarity from our top court, it wasn’t going to come from the judge ‘with the brain the size of Britain’ (to quote Alastair Campbell).

Instead, Lord Sumption (pictured) rather unhelpfully suggested that the Bar Council was largely wasting its time bothering to campaign for a comprehensive system of publicly-funded law. In particular, the judge drew a distinction between the criminal and civil legal aid schemes: the former being ‘fundamental’ and the latter being merely ‘discretionary’. For the latter, he explained: ‘Governments decide how much money is available and cut their suit according to their cloth.’

You might

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll