header-logo header-logo

29 May 2015 / David Burrows
Issue: 7654 / Categories: Features , Legal aid focus , Family
printer mail-detail

​Taking the hit

nlj_7654_burrows

Does lack of clarity in the legal aid scheme prevent access to justice, asks David Burrows

A new government, a new Justice Secretary: there is no likelihood of improvement to the legal aid scheme. But is it now time to reflect on the lack of clarity—for lawyer and lay-person alike—of the present scheme? In particular it is surely time to ask whether the present process for application for legal aid—for an applicant merely to be able to apply to the court or defend a claim—is fair given the complexity of the present statutory scheme? The question of the obscurity of the scheme for application for legal aid can be tested against two recent cases on applications for domestic violence and for county court (and thus family court) committal proceedings.

In Brown v London Borough of Haringey [2015] EWCA Civ 483, [2015] All ER (D) 126 (May) the Court of Appeal concluded, after a lengthy analysis of complex legal aid statutory and regulatory provisions, that applications for legal aid for committal proceedings in civil courts were criminal proceedings ( Benham v United Kingdom [1996]

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