The government announced measures aimed at cutting 'abuses' of the asylum legal aid system. Changes included an accreditation scheme for lawyers, a unique file number for asylum seekers, and a reduction in the amount of legally-aided advice offered to applicants.
Source: House of Commons Hansard, Written Ministerial Statement 27 November 2003, columns 37-40WS, TSO (0870 600 5522)
Links: Hansard | DCA press release | Guardian report
Date: 2003-Nov
Following a consultation exercise on competition and regulation in the legal services market, the government said that it would open up the probate market to new service providers; that it would not open up the conveyancing market any further for the time being; that it would not propose any changes to legal professional privilege; that it supported 'in principle' opening the legal services market to new business entities (such as multi-disciplinary practices and corporate entities), and that how such entities were best regulated would be left to the independent review of the regulatory framework for legal services. It said that it would consult further on the Queen's Counsel system. It also announced an independent review of the legal services market, aimed at promoting competition and innovation.
Source: Competition and Regulation in the Legal Services Market: Report following the consultation 'In the public interest?', Department for Constitutional Affairs (020 7210 8500)
Links: Report | DCA press release | Consultation paper
Date: 2003-Jul
A committee of MPs highlighted poor quality advice and persistent over-claiming of costs by some suppliers of civil legal aid.
Source: Community Legal Service: The Introduction of Contracting, Twenty-fourth Report (Session 2002-03), HC 185, House of Commons Public Accounts Select Committee, TSO (0870 600 5522)
Links: Report
Date: 2003-Jun
Research found that children's voices were not being heard in family proceedings, in public or private law cases, in the way that was intended by the Children Act 1989 or in line with their rights under the United Nations Convention on the Rights of the Child.
Source: Adrian James and Allison James, Constructing Children's Welfare: Comparative study of professional practice, Economic and Social Research Council (01793 413000)
Links: ESRC Press Release
Date: 2003-May
New regulations were published, to come into force on 2 June 2003, designed to enable clients to enter into simpler, more transparent conditional fee agreements with their solicitors, and to enable solicitors to guarantee to clients that they would get all the damages awarded.
Source: The Access to Justice Act 1999 (Commencement No 10) Order 2003, Statutory Instrument 2003/1241, TSO (0870 600 5522) | The Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003, Statutory Instrument 2003/1240, TSO | The Civil Procedure (Amendment No 2) Rules 2003, Statutory Instrument 2003/1242, TSO
Links: SI 1241 | SI 1240 | SI 1242 | LCD press release
Date: 2003-May
The government published a White Paper on improving the recovery of civil court debts. It said the aim was to allow creditors who have established a legitimate claim to pursue it through a 'straightforward and accessible' system, and to allow debtors who genuinely do not have the means to pay to be protected from the 'oppressive pursuit' of their debts. Bailiffs (renamed 'enforcement agents') enforcing court judgments would have the right (with a judge's authority) to enter debtors' homes forcibly.
Source: Effective Enforcement: Improved methods of recovery for civil court debt and commercial rent and a single regulatory regime for warrant enforcement agents, White Paper Cm 5744, Lord Chancellor's Department, TSO (0870 600 5522)
Links: White Paper | Press release | Guardian report
Date: 2003-Mar
A research study revealed a 'bleak picture' of the effectiveness of enforcement procedures in civil courts, with only a small proportion of claimants receiving full payment from the defendant in the time period specified in the court order. Steps taken to enforce default judgments did not prove effective either, leading to frustration, disenchantment and some bitterness amongst claimants.
Source: John Baldwin, Evaluating the Effectiveness of Enforcement Procedures in Undefended Claims in the Civil Courts, Research Paper 3/03, Lord Chancellor s Department (020 7210 8500)
Links: Summary
Date: 2003-Mar
The government announced plans for a new, unified Tribunals Service. It said a forthcoming White Paper would be aimed at increasing accessibility to tribunals, raising customer service standards, and improving administration. The new service would be a distinct part of the justice system, accountable to the Lord Chancellor, initially based on the ten largest tribunals. (The announcement followed the Leggatt review of the tribunals system in 2001.)
Source: House of Commons Hansard, Written Ministerial Statement 12.3.03, column 18WS, TSO (0870 600 5522) | Press release 11.3.03, Lord Chancellor s Department (020 7210 8500)
Links: Hansard | Press release | Leggatt Review report
Date: 2003-Mar
The Law Society launched a 'client s charter', backed by the Plain English Campaign, explaining in simple terms what to expect from a solicitor and how to complain if things go wrong.
Source: The Client's Charter, Law Society (020 7242 1222)
Links: Charter (pdf) | Press release | Observer article
Date: 2003-Mar
MPs debated the role of legal and advice services in tackling social exclusion (following the publication of a government report in 2001).
Source: House of Commons Hansard, Debate 13.2.03, columns 321WH-356WH, TSO (0870 600 5522)
Links: Hansard
Date: 2003-Feb
Researchers explored the information on diversity available to courts dealing with child protection, and whether the legal criteria used to assess significant harm and future risk to children are sufficiently sensitive to culturally diverse approaches to parenting. The findings supported the need for ethnic monitoring in public law proceedings.
Source: Julia Brophy, Jagbir Jhutti-Johal and Charlie Owen, Significant Harm: Child protection litigation in a multi-cultural setting, Research Paper 1/2003, Lord Chancellor s Department (020 7210 8500)
Links: Summary/Findings
Date: 2003-Feb
The Scottish Executive announced a wide-ranging package of reforms to the civil legal aid system in Scotland. It said the reforms were intended to streamline the system, improve access to justice, ensure quality service for the client, increase the fees paid for legal aid work, and deliver more efficient administration.
Source: Press release 18.2.03, Scottish Executive (0131 556 8400)
Links: Press release
Date: 2003-Feb
A study reportedly found that over half the law firms which have a family law contract with the Legal Services Commission are reducing the amount of legal aid work they do. Family lawyers warned that people needing legal advice about divorce and relationship breakdown or disputes about children will find it increasingly difficult to get legally aided advice locally.
Source: Study by Gwynn Davis of Bristol University, reported in press release 4.2.03, Solicitors Family Law Association (01689 850227)
Links: Press release
Date: 2003-Feb