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Litigation Letter

‘The Denial of Justice Act’

Lord Goodhart, speaking at the Liberal Democrat conference, said that the effect of cutting the civil legal aid budget to compensate for increased demand on its criminal counterpart had been to strike at the ability of the poorest members of society to secure their rights. He continued: ‘Ministers say they cannot invest in civil legal aid because the money is needed for schools and hospitals. How does that help the family living in a dilapidated home their landlord refuses to repair, or the mother waiting for maintenance payments or the employee who loses their job due to racism? These people need legal aid.’ Lord Goodhart said that the legal aid system had been wrecked by the Access to Justice Act 1999, which should perhaps be the Denial of Justice Act. The conference responded by voting for a ring-fenced civil legal aid budget and an end to the ‘rationing of the number of clients a solicitor or advice agency may advise’ through matter starts. Instead there would be ‘carefully adjusted criteria governing eligibility for legal aid’.

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