Law Society Legal News Summary 14 October 2024


Legal aid crisis 

The Independent continues coverage of our advice to members to consider scaling back their criminal legal aid work until ministers provide a meaningful response to their demands. 

Law Society president Richard Atkinson said: “We can no longer ask firms to hold on in the hope of action from government that may never come. We have gone beyond a system that is based on goodwill, and now it is at the limits of financial viability.”

“We have been banging on their door asking the new government how they will respond to our judicial review and when criminal legal aid will get the increases it needs. 

“But all we have had in return is warm words, lack of transparency and empty assurances.” 

Read our press release
 

Criminal court backlogs 

Figures from the end of April show there are 68,125 outstanding cases in the Crown Courts and 387,042 in the Magistrates’ Courts. 

Law Society president Richard Atkinson tells the Yorkshire Evening Post: “There are huge backlogs in our criminal courts with reports of trials being listed for spring 2027. It is completely unacceptable that victims and defendants must wait so long for justice. 

“Decades of underinvestment and cuts have led to this dire situation which can only be reversed if the courts are able to run at full capacity and there are sufficient prison spaces to support the courts’ work. 

“However, this is not possible when the courtrooms themselves are crumbling, judges’ sitting days are limited and the exodus of defence lawyers continues because of underfunded criminal legal aid. 

“Compounding the crisis is the fact that quarterly data about the criminal courts backlog has not been released this year. You cannot solve a problem, if you cannot measure it.”
 

Civil legal aid 

The Gazette reports we have warned that time is running out for the civil legal aid sector, after 1,236 firms were awarded contracts, a significant drop compared to last year, which had 1,320 contracts. 

Law Society president Richard Atkinson said: “Legal aid is a vital public service that means citizens can have their voices heard. A lack of access to it has implications on our living situation, health and our children’s education. It is concerning that housing legal aid is now severely lacking. 

“As the cost-of-living crisis continues, we should be entitled to decent housing and protection from eviction by rogue landlords. It is particularly important as the government seeks to reform the rental market through the Renters’ Rights Bill, which the Law Society has welcomed, that tenants should be able to get advice when threatened with eviction.” 

Read our press release
 

Tribunal backlogs 

The Gazette (page 6) examines the backlogs currently in the Tribunals system, which handle cases concerning immigration, employment, social security or special needs. 

“People are having to wait too long for justice across the system. Plans to improve workers’ rights will be undermined if they can’t get swift justice in the employment tribunals because there are huge backlogs and not enough judges and lawyers to do the work,” said Law Society president Richard Atkinson.
 

Renters’ Rights Bill 

The Landlord Blog and Home.co.uk cover our response to the UK government’s Renters’ Rights Bill and the need for investment in the justice system. 

Immediate past president Nick Emmerson said: “Abolishing no-fault evictions is a critical step in bolstering these protections and we are pleased the government has prioritised this action in its Renters’ Rights Bill. The government must also balance tenant rights with landlords’ routes to repossessions. Maintaining this balance is key to reforming the rental market. 

“Acute underfunding of the justice system has left both a backlog of court cases and more than 25 million people without a local legal aid provider for housing advice. To ensure renters are protected when facing eviction, funding for the justice system must increase alongside efforts to reform the rental market.”
 

Also worth a read: 

  • New Welsh GC says justice devolution is still on the agenda – Gazette
  • Phil Shiner: Public Interest Lawyers will declare a dividend to creditors – Legal Futures
  • Post Office Horizon Inquiry: Lawyers under scrutiny again next week – Gazette
  • RBG Holdings’ second biggest shareholder sells most of its stake – Legal Futures
  • Wagatha Christie costs dispute in-depth – BBC News
  • Sexual abuse victims claim free court transcripts have been ‘hidden’ from them for months – Independent
  • Political figures pay tribute to Alex Salmond after his sudden death – Independent, New Statesman, BBC News & Sky News

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