Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.

This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.

After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings. The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society. Fragmentation of the market in the new services offering information, initial advice, online or alternative dispute resolution – but rarely ongoing casework – raises questions about where costs fall and how quality can be assured. Many of these services are forms of private ordering, where outcomes are hard to assess. If neither the state nor the individual can afford full legal services where the best interests of any child involved are of paramount importance, and lawyers negotiate to make best use of the resources available, perhaps it is time to consider using lawyers differently, with lay support, to solve problems before they become disputes.

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Drawing on a wide range of up-to-date research, Employment Relations under Coalition Government critically examines developments in UK employment relations during the period of Conservative-Liberal Democrat government between 2010 and 2015, against the background of the 2007-08 financial crisis, subsequent economic recession and in the context of the primacy accorded to neo-liberal austerity. Contributions cover a series of important and relevant topics in a rigorous, yet accessible manner: labour market change and the rise of zero-hours contracts and other forms of precarious employment; policy development relating to young people’s employment; the coalition’s welfare-to-work agenda; its programme of employment law reform and its approach to workplace equality and health and safety; labour migration; the experience of the trade unions under the coalition and their responses; and developments in employment relations in the public services. This book addresses the broader issues relating to the coalition period, such as the implications of political and regulatory change for employment relations, including the greater devolution of powers to Scotland and Wales, and locates UK developments in comparative perspective. The book concludes with an assessment of the prospects for employment relations in the aftermath of the May 2015 Conservatives election victory.

This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.

This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.

From the ebook Preface: "This book majors on the presentation of empirical evidence in the form of data. The most digestible form for communicating such material is through the use of Tables and Figures, generally graphs. Consequently, the book has a great many Tables and Figures and the latter are often in colour. Viewing on a device capable of rendering colours is therefore recommended although monochrome will be adequate in most cases." The Empathy Gap proposes the thesis that men and boys are extensively disadvantaged across many areas of life, including in education, healthcare, genital integrity, criminal justice, domestic abuse, working hours, taxation, pensions, paternity, homelessness, suicide, sexual offences, and access to their own children after parental separation. The claim is justified in the book by empirical evidence, mostly but not exclusively from the UK, involving nearly 1,000 references, 179 Figures and 49 Tables. To most people, of both sexes, this will appear to be a perverse perspective as disadvantage has become the province of women, girls and minorities, not males. Yet the empirical case supporting the disadvantages suffered by men and boys is undeniable to the objective mind. But if this is so, why is the popular perception that males are privileged whereas disadvantage is the province of the opposite sex? Why do the male disadvantages go largely unremarked, by both sexes, if they are so pervasive? Presenting the case for widespread and substantial male disadvantage is also a challenge to the usual hegemonic paradigm of feminist theory. These issues are addressed within The Empathy Gap by presenting an entirely different orientation on the social psychology of relations between the sexes. Out goes the idea of an oppressive patriarchy. Instead, a man's participation in the human pair bond is seen to be altruistic, a phenomenon arising originally from evolution and enacted in the individual via the emotional psyche. This is the origin of an asymmetry in the perception of the sexes which normalises the preferencing of females and therefore inevitably disadvantages males as a corollary. The successful evolved strategy involves male utility and relative male disposability, the latter being facilitated by a muted empathy for males, by both sexes - the empathy gap. Rather than working to overcome this male disposability, as a true egalitarian movement would have done, feminism has fed upon it and amplified it. The feminist project relies upon the true state of affairs remaining unacknowledged, and the empathy gap is instrumental in its own invisibility. In respect of this theory, the author makes no claim for originality. The ideas presented have been circulating within the sub-culture for decades. However, the focus of the book is to show how these ideas are manifest in practice.