Tag Archive for 'funding'

Ask not for whom the bill tolls

Closed Temple BarSo there we are – the Legal Aid bill, helpfully called the Legal Aid, Sentencing and Punishment of Offenders Bill, lurched into the light today, accompanied at the same time by the Consultation response [at the bottom of the page]. Some of us saw the bill this morning after it went up on the Parliament site, only to be hastily (but not hastily enough) taken down again (Well done iLegal).

And what does it mean? Pretty much exactly what the initial proposals set out. Oh and the LSC is to be abolished. The MoJ will take legal aid funding decisions in house, with no prospect of possible conflicts … Read the full post

I’ll get the lights…

Feeling cheerful? Good, we’ll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions and tactics.

The Government’s response to the consultation on reforms to civil litigation and costs (the Jackson reforms) has now been released.

The full response can be downloaded here [pdf] and the associated impact assessment is here [pdf]

The press release is here.

In short, the Government intends to go ahead with its original proposals. Expect legislation soonish.

From the perspective of housing practitioners, some things are not … Read the full post

Champerty Returns

Sibthorpe & Morris v LB Southwark [2011] EWCA Civ 25

Champerty and maintenance are two common law doctrines relating to the funding of civil claims. They were, at one time criminal offences, but now survive only as a matter of public policy. Briefly, maintenance is where a third party agrees to fund the suit of another in which he has no legitimate cause or interest whereas champerty is where the third party maintains the suit while also seeking a share of the damages to be awarded. Both of these were commonly used by the wealthy and powerful in the past in order to advance political causes as well as to … Read the full post

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the legal aid massacre - thanks to John Bolch
With thanks to John Bolch at Family Lore.… Read the full post

Social Welfare Law contracts – update

The LAG news blog is reporting that while Family contracts resulted in ‘carnage’ with an estimated 1300 out of 2400 firms being awarded contracts – about 54%, in Social Welfare Law the LSC is saying that it believes ‘around 70%’ of existing providers will be awarded contracts, but they are still doing ‘due diligence’ in 5 areas.

So if 46% failure is ‘carnage’, what is 30%? Two thirds of a carnage? Perhaps carnage lite? A triple decimation?

Certainly the 70% figure is not standard across the country. For example, my understanding is that there are only three SWL providers in Birmingham who were offered contracts (taking consortia as one, which … Read the full post

Legal Aid contract round – In the thick of it

The results of the Social Welfare Law and combined Housing/Family contract bids are slowly coming through. I am mindful that as I write this, firms/organisations in specific areas have not yet been informed whether they have a contract and if so for how many matter starts. But I have heard enough from various areas of the country and boroughs of London that suggest thats the results are going to have a dramatic impact on the shape of housing law provision. I’m sorry if this increases the already sky high anxiety of those still waiting – over two weeks after they were supposed to be informed.

I don’t propose to go … Read the full post

Access to Justice

An anecdotal rant, for which forgive me. Sometimes one needs to vent, but this is hardly an unusual situation. It is ‘just’ an example of the viciousness of the public funding boundaries. I’ve combined a few instances in what follows, and changed details for the obvious reasons, but all the salient points are true.

Let us say that I just saw a prospective new client, who had received notice of warrant. She was a Council secure tenant and the issue was rent arrears of several thousand pounds. Various reasons given, but alas none of them involving housing benefit.

The original possession order – which she didn’t have to show me … Read the full post



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