Law and Rights
Recently Lord Pannick said in a debate in the House of Lords: ?There are countries where the Government win all their cases in court ? but they are not places in which any of us would wish to live.? Well, buckle up people, because the legal aid bill before parliament is a last call to all passengers on a one-way ticket to just such a country.
This is an extract from an excellent article describing how the legal aid cuts will effectively remove access to justice from the vast majority of people. If you read nothing else, please read Justice Gap - Jules Carey - "What price liberty? Too much for legal aid."
The organisation Liberty have said that ?if the bill is passed without substantial amendment, big business, government and other members of a rich and powerful elite will be able to act with impunity?. How true this will be. The government claims
that a £350m p.a. cut to the £2bn legal aid budget is necessary for economic reasons. The Legal Aid, Sentencing and Punishment of Offenders Bill will cut legal aid extremely deeply and "Rights" without access to justice (i.e. the means to enforce those rights) are not rights at all. The coalition government has, in reality, mounted a massive attack on the liberties of the people under the umbrella of the economic crisis.
The Pink Tape blog looks at whether Judicial Training will ameliorate the problems caused by a surge in litigants-in-person. The answer is not encouraging and such litigants - usually ordinary people fighting for their rights - will often be facing the power of government with a bottomless purse and no restrictions on the lawyers they can hire to fight their corner. Litigants in person are at an enormous disadvantage. The law is difficult and it is, as Chief Justice Coke said many years ago in words aimed at King James I:
? ? an art which requires long study and experience, before that a man can attain to the cognizance of it; ?? Case of Prohibitions del Roy [1607] EWHC J23 (KB); 77ER 1342; 12 Co rep 63.
It is utterly wrong to expect the ordinary citizen to represent themselves before courts and tribunals with their complex law and procedural rules. "Rights" without access to justice cannot be properly described as rights at all.
Addendum 1st November: See the short item in The Guardian - No win, no fee. Our only route to justice. and also "Milly Dowler parents join Yeates's landlord to oppose legal aid cuts." The Law Society Gazette 13th October 2011 highlighted the rise in numbers of litigants in person and the problems some of them face.
- Happy New Year 2015
Here's wishing all readers a very Happy New Year 2015. As 2014 petered out I could not help but think that the year saw the continuation of the relentless attack by the elected government on access to justice for the average citizen. The severe...
- Judicial Review At Bay ~ Criminal Justice And Courts Bill ~ Ping Pong
Update: On Tuesday 9th December, the House of Lords will consider whether to back down in the 'ping pong' over the judicial review proposals. Update 10th December: The House of Lords "ping pong" took place on 9th December and the House...
- 3 Years Old ~ Self Representation (a Bleak Outlook)
Law and Lawyers blog is now three years old. 2012 was an amazing year with a vast array of legal stories. Already, 2013 is promising to be as busy and as interesting and the aim is that this blog will continue to throw some light on the laws...
- A Tragedy - Laspo Part 1
The Legal Aid Sentencing and Punishment of Offenders Bill received Royal assent and is now, therefore, the Legal Aid Sentencing and Punishment of Offenders Act 2012. Part 1 of the Act - dealing with legal aid provision - is, in my view, a disgrace....
- The Legal Aid Bill - The Principal Objections + Youth Justice Board And Chief Coroner Saved
The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) received its second reading in the House of Lords on Monday 21st November. (TEXT of the Bill). Many peers were highly critical of the legal aid provisions which are in Part...
Law and Rights
"Rights" without access to justice are not rights at all
Updated
Recently Lord Pannick said in a debate in the House of Lords: ?There are countries where the Government win all their cases in court ? but they are not places in which any of us would wish to live.? Well, buckle up people, because the legal aid bill before parliament is a last call to all passengers on a one-way ticket to just such a country.
This is an extract from an excellent article describing how the legal aid cuts will effectively remove access to justice from the vast majority of people. If you read nothing else, please read Justice Gap - Jules Carey - "What price liberty? Too much for legal aid."
The organisation Liberty have said that ?if the bill is passed without substantial amendment, big business, government and other members of a rich and powerful elite will be able to act with impunity?. How true this will be. The government claims
that a £350m p.a. cut to the £2bn legal aid budget is necessary for economic reasons. The Legal Aid, Sentencing and Punishment of Offenders Bill will cut legal aid extremely deeply and "Rights" without access to justice (i.e. the means to enforce those rights) are not rights at all. The coalition government has, in reality, mounted a massive attack on the liberties of the people under the umbrella of the economic crisis.
The Pink Tape blog looks at whether Judicial Training will ameliorate the problems caused by a surge in litigants-in-person. The answer is not encouraging and such litigants - usually ordinary people fighting for their rights - will often be facing the power of government with a bottomless purse and no restrictions on the lawyers they can hire to fight their corner. Litigants in person are at an enormous disadvantage. The law is difficult and it is, as Chief Justice Coke said many years ago in words aimed at King James I:
? ? an art which requires long study and experience, before that a man can attain to the cognizance of it; ?? Case of Prohibitions del Roy [1607] EWHC J23 (KB); 77ER 1342; 12 Co rep 63.
It is utterly wrong to expect the ordinary citizen to represent themselves before courts and tribunals with their complex law and procedural rules. "Rights" without access to justice cannot be properly described as rights at all.
Addendum 1st November: See the short item in The Guardian - No win, no fee. Our only route to justice. and also "Milly Dowler parents join Yeates's landlord to oppose legal aid cuts." The Law Society Gazette 13th October 2011 highlighted the rise in numbers of litigants in person and the problems some of them face.
- Happy New Year 2015
Here's wishing all readers a very Happy New Year 2015. As 2014 petered out I could not help but think that the year saw the continuation of the relentless attack by the elected government on access to justice for the average citizen. The severe...
- Judicial Review At Bay ~ Criminal Justice And Courts Bill ~ Ping Pong
Update: On Tuesday 9th December, the House of Lords will consider whether to back down in the 'ping pong' over the judicial review proposals. Update 10th December: The House of Lords "ping pong" took place on 9th December and the House...
- 3 Years Old ~ Self Representation (a Bleak Outlook)
Law and Lawyers blog is now three years old. 2012 was an amazing year with a vast array of legal stories. Already, 2013 is promising to be as busy and as interesting and the aim is that this blog will continue to throw some light on the laws...
- A Tragedy - Laspo Part 1
The Legal Aid Sentencing and Punishment of Offenders Bill received Royal assent and is now, therefore, the Legal Aid Sentencing and Punishment of Offenders Act 2012. Part 1 of the Act - dealing with legal aid provision - is, in my view, a disgrace....
- The Legal Aid Bill - The Principal Objections + Youth Justice Board And Chief Coroner Saved
The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) received its second reading in the House of Lords on Monday 21st November. (TEXT of the Bill). Many peers were highly critical of the legal aid provisions which are in Part...