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29 May 2015 / David Burrows
Issue: 7654 / Categories: Features , Legal aid focus , Family
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​Taking the hit

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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]

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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