A report on the future regulation of legal services in England and Wales proposed an independent regulator of the legal profession, the separation of the representative and regulatory functions of the professional bodies, and the creation of a single complaints body for barristers and solicitors. The government said that it broadly accepted the main recommendations in the report.
Source: David Clementi, Report of the Review of the Regulatory Framework for Legal Services in England and Wales, Department for Constitutional Affairs (020 7210 8500) | House of Lords Hansard, Written Ministerial Statement 15 December 2004, columns 83-84WS, TSO (0870 600 5522)
Links: Report | Hansard | LSC press release | Bar Council press release | Law Society press release | Citizens Advice press release | NCC press release
Date: 2004-Dec
A report said that the system of 'no win, no fee' agreements in personal injury claims too often failed consumers. Far from being a compensation culture boom, the highly complex system for dealing with personal injury claims had led to the emergence of unregulated claims farmers, and the costs to the consumer could end up being more than the benefit.
Source: James Sandbach, No Win, No Fee, No Chance, Citizens Advice (020 7833 2181)
Links: Report (pdf) | Citizens Advice press release | Guardian report
Date: 2004-Dec
Plans for a Courts and Tribunals Bill were included in the government s legislative programme for the Parliamentary year 2004-05 (Queen's Speech). The government said that the Bill would bring all tribunals under one executive agency.
Source: House of Lords Hansard, Queen's Speech 23 November 2004, columns 1-4, TSO (0870 600 5522) | House of Commons Hansard, Debate 25 November 2004, columns 246-330, TSO | Press release 25 November 2004, Department for Constitutional Affairs (020 7210 8500)
Links: Text of Speech | Lords Hansard | Commons Hansard | DCA press release | Guardian report
Date: 2004-Nov
The government published a Bill (following consultation) designed to provide for a comprehensive statutory framework for inquiries set by Ministers to look into matters of public concern.
Source: Inquiries Bill [HL], Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Text of Bill (pdf) | Explanatory notes (pdf) | Consultation document | DCA press release | Guardian report
Date: 2004-Nov
The government published its response to the report of an official taskforce on tackling the 'compensation culture'. It warned that claims management companies would be expected to take urgent action to ensure they did not raise expectations falsely through potentially misleading advertising and sales practices.
Source: Tackling the 'Compensation Culture': Government response to the Better Regulation Task Force Report (BRTF) 'Better routes to redress', Department for Constitutional Affairs (020 7210 8500)
Links: Response (pdf) | Taskforce report (pdf) | DCA press release | Ministerial speech | BRTF press release | Guardian report
Date: 2004-Nov
A report called for a more strategic and co-ordinated approach to the planning and delivery of publicly funded legal advice in Scotland.
Source: Strategic Review of the Delivery of Legal Aid, Advice and Information, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | Summary | SE press release
Date: 2004-Oct
The government announced proposed powers to fine the Law Society of England and Wales up to 1 million if it failed to deal adequately with complaints against solicitors.
Source: Press release 13 September 2004, Department for Constitutional Affairs (020 7210 8500)
Links: DCA press release
Date: 2004-Sep
A paper presented findings from a limited review of published evidence for the use of mediation in non-family civil justice disputes, in a range of Scottish contexts and in the English civil courts. It said that increased use of mediation would allow more people to access just resolution of civil law problems that they otherwise could not afford to tackle, or chose not to tackle, through litigation.
Source: Fiona MacDonald, The Use of Mediation to Settle Civil Justice Disputes: Review of evidence, Scottish Executive, TSO (0870 606 5566)
Links: Report
Date: 2004-Sep
A discussion document said that a co-ordinated approach to public education on legal issues was urgently needed to increase people s legal knowledge, give them information about the options for resolving disputes, and help them become more confident and effective citizens.
Source: Towards a National Strategy for Public Legal Education, Advice Services Alliance (020 7378 6428), Citizenship Foundation, and Legal Action Group
Links: Discussion paper (pdf) | Citizenship Foundation press release
Date: 2004-Sep
The government published a summary of responses to a consultation paper (published in 2002) on proposals to create an overarching body to co-ordinate interdisciplinary committee work throughout the family justice system in England and Wales.
Source: Summary of Responses to the Consultation Paper: Promoting Inter-agency Working in the Family Justice System, Department for Constitutional Affairs (020 7210 8500)
Links: Responses (pdf) | Consultation document
Date: 2004-Aug
The legal services watchdog said that the Law Society (the professional body representing solicitors) had failed to meet all but one of six government targets for dealing with complaints against the profession.
Source: Annual Report of the Legal Services Ombudsman for England and Wales 2003/2004, HC 729, Office Of The Legal Services Ombudsman, TSO (0870 600 5522)
Links: Links to report | Guardian report
Date: 2004-Jul
The government began consultation on proposed reforms to the structure of legal aid payments. Funding for civil cases under the Community Legal Service would be restructured, so that early and effective resolution outside the courts became the favoured outcome for most cases. An advice group said proposals to restrict eligibility for civil legal aid would mean many more people were denied justice.
Source: A New Focus for Civil Legal Aid: Encouraging early resolution, discouraging unnecessary litigation, Department for Constitutional Affairs (020 7210 8500) and Legal Services Commission | Press release 27 July 2004, Citizens Advice (020 7833 2181)
Links: Consultation document (pdf) | DCA press release | Citizens Advice press release | SFLA press release
Date: 2004-Jul
The government published a White Paper on reform of the tribunals service. There would be a unified service, bringing together most central government tribunals. In addition the new service would have a remit to examine alternative methods of resolving disputes. A citizen's advice group expressed disappointment that there were no plans to extend legal aid to people on low incomes involved in complex tribunal procedures.
Source: Transforming Public Services: Complaints, Redress and Tribunals, White Paper Cm 6243, Department for Constitutional Affairs, TSO (0870 600 5522) | House of Commons Hansard, Written Ministerial Statement 15 July 2004, columns 78-80WS, TSO | Press release 15 July 2004, Citizens Advice (020 7833 2181)
Links: White Paper (pdf) | Summary | Hansard | DCA press release | Citizens Advice press release
Date: 2004-Jul
A report by a committee of MPs said that funding for civil work should be protected and considered quite separately from criminal defence funding. It said there was still 'ample evidence' of unmet demand; and acknowledged the concerns which existed in some geographical areas, and in some fields of law, where advice was not readily accessible.
Source: Civil Legal Aid: Adequacy of provision, Fourth Report (Session 2003-04), HC 391-I, House of Commons Constitutional Affairs Select Committee, TSO (0870 600 5522)
Links: Report | Citizens Advice press release | Guardian report
Date: 2004-Jul
Two reports highlighted the problems caused by failures in the provision of legal aid. The first said that vulnerable women and children were missing out on the legal protection that could help them escape abusive husbands and fathers. The second examined the difficulties faced by people living in areas where there was little or no access to publicly-funded housing advice.
Source: Family Misfortunes, Citizens Advice (020 7833 2181) | Home Remedies: The challenges facing publicly funded housing advice, Citizens Advice
Links: NCC press release (1) | NCC press release (2)
Date: 2004-Jun
The government began consultation (following a review) on the future of the Community Legal Service. The consultation covered ways of making the aims and function of the service more transparent; developing a means of accountability to prove that the service was effective in delivering services, in combating social exclusion and in protecting fundamental rights; and finding ways of making the partnerships more responsive to local needs.
Source: The Independent Review of the Community Legal Service: A consultation, Department for Constitutional Affairs (020 7210 8500)
Links: Consultation document (pdf) | DCA press release
Date: 2004-Jun
The first-ever research into a small claims mediation scheme (at Exeter County Court) found that a high proportion of small claims referred to mediation settled; and that the scheme increased satisfaction for parties and maximised efficiency in the use of judicial resources.
Source: Sue Prince, Court-Based Mediation: A preliminary analysis of the small claims mediation scheme at Exeter County Court, Civil Justice Council (cjc@courtservice.gov.uk)
Links: Report (pdf) | DCA press release
Date: 2004-Jun
A report highlighted the role played by legal and advice services in reducing social exclusion.
Source: Legal and Advice Services: A pathway to regeneration, Department for Constitutional Affairs (020 7210 8500) and Law Centres Federation
Links: Report (pdf) | DCA press release | Community Care report
Date: 2004-May
A report said that vulnerable women and children were missing out on the legal protection that could help them escape abusive husbands and fathers, because of failures in the provision of legal aid.
Source: Family Misfortunes: Challenges facing publicly funded legal advice, Citizens Advice (020 7833 2181)
Links: Citizens Advice press release | Guardian report
Date: 2004-May
The government published a consultation paper, together with a draft Criminal Defence Service Bill, containing proposals for restructuring the criminal legal aid scheme. A means test would be introduced for those facing criminal charges in the magistrates' courts, and the Legal Services Commission would become responsible for administering legal aid, previously within the remit of the courts. At the same time, the government announced a 'fundamental review' of the legal aid system, with a view to ensuring its long-term sustainability. But many barristers were reportedly continuing an unofficial boycott of the criminal legal aid payment scheme.
Source: Criminal Defence Service Bill: Consultation paper, Department for Constitutional Affairs (020 7210 8500) | Draft Criminal Defence Service Bill, Cm 6194, Department for Constitutional Affairs, TSO (0870 600 5522) | House of Commons Hansard, Written Ministerial Statement 17 May 2004, column 36WS, TSO | Press release 17 May 2004, Department for Constitutional Affairs
Links: Consultation document | Hansard | DCA press release | Bar Council press release | JUSTICE submission (pdf) | Guardian report (1) | Guardian report (2)
Date: 2004-May
Researchers sought to assess the need for legal advice in four areas in Scotland with Community Legal Service pilot partnerships. People with a justiciable problem were more likely to be living in rented accommodation, in receipt of housing benefits, have children in the home, be unemployed and have a physical or mental impairment, than people without a justiciable problem. Minority ethnic respondents were more likely to experience a justiciable problem than white respondents. Neighbourhood disputes were reported most frequently in all areas, followed by problems to do with housing.
Source: James Law et al., Community Legal Service: Assessing need for legal advice in Scotland, Scottish Executive, TSO (0870 606 5566)
Links: Report | Summary | Technical report
Date: 2004-May
A government taskforce report made recommendations designed to promote effective means of redress for negligence, including failures in public services, and prevent the development of a 'compensation culture'.
Source: Better Routes to Redress, Better Regulation Task Force/Cabinet Office (020 7276 2142)
Links: Report (pdf) | BRT press release | DCA press release | HSC press release
Date: 2004-May
An examination of the Community Legal Service found a lack of overall accountability; a need to clarify the role of the service in tackling social exclusion; and a need to establish improved performance management systems.
Source: Matrix Research and Consultancy, The Independent Review of the Community Legal Service, Department for Constitutional Affairs (020 7210 8500)
Links: Report (pdf) | Citizens Advice press release | Guardian report
Date: 2004-Apr
The government published plans for streamlining the Probate Service. Those registering a death would be automatically informed about what needed to be done, and how to get help.
Source: Review of Probate Business: Final report, Department for Constitutional Affairs (020 7210 8500)
Links: Report (pdf)
Date: 2004-Apr
The government announced that, from April 2005, offenders who failed to pay court fines would have the amount automatically taken from their income support, jobseeker s allowance or pension credit increased from 2.80 to 5 a week.
Source: Press release 26 April 2004, Department for Work and Pensions (020 7712 2171)
Links: DWP press release
Date: 2004-Apr
Two reports examined the market for the provision of legal aid services. There was a potential excess supply of legal aided services provided by solicitors; at the price currently offered, there were solicitors that would be willing, and would have the ability, to supply a larger volume of services than was required. But there might be a degree of under supply of legal aided services by barristers; that is, there were occasions where a barrister with particular expertise and experience was sought but could not be secured. The reports suggested that the government should consider placing a statutory requirement on all local authorities to fund advice centres; and that salaried positions, similar to the new family doctor model of contracting in the National Health Service, could improve the service.
Source: Frontier Economics, A Market Analysis of Legal Aided Services Provided by Solicitors, Department for Constitutional Affairs (020 7210 8500) and Legal Services Commission | Frontier Economics, A Market Analysis of Legal Aided Services Provided by Barristers, Department for Constitutional Affairs and Legal Services Commission
Links: Report on solicitors (pdf) | Report on barristers (pdf)
Date: 2004-Apr
A pilot project began in England and Wales designed to pursue those who default on court fines, by broadening the use of 'attachment of earnings orders' and deductions from benefits. It followed the implementation of pilot projects in six regional areas, each intended to test a different aspect of the new fines enforcement regime.
Source: Press release 22 April 2004, Department for Constitutional Affairs (020 7210 8500)
Links: News report
Date: 2004-Apr
The Law Society said that the legal aid system was facing a crisis, with only 7 per cent of trainee solicitors considering a career in the field.
Source: Press release 22 March 2004, Law Society (020 7242 1222)
Links: Law Society press release | Guardian report
Date: 2004-Mar
Consultation began in connection with an official review of the regulatory framework for legal services in England and Wales.
Source: Review of the Regulatory Framework for Legal Services in England and Wales: Consultation paper, Department for Constitutional Affairs (020 7210 1454)
Links: Consultation document (pdf) | Bar Council press release | Law Society press release
Date: 2004-Mar
A new pilot scheme was launched, designed to encourage more people to settle disputes out of court. The scheme involved automatically referring selected civil cases to mediation. Parties could be liable for costs if they still declined to mediate when their reasons to opt out of the scheme did not satisfy a judge.
Source: Press release 25 March 2004, Department for Constitutional Affairs (020 7210 8500)
Links: DCA press release
Date: 2004-Mar
A survey found that more than 1 in 3 adults experienced a civil law problem, but that one million problems went unsolved because people did not take appropriate action.
Source: Pascoe Pleasence et al., Causes of Action: Civil law and social justice, Research Paper 11, Legal Services Commission, TSO (0870 600 5522)
Links: LSC press release
Date: 2004-Feb
A report said that access to legal aid solicitors in England and Wales was a 'postcode lottery', with 1 in 4 citizens advice bureaux saying they were in an 'advice desert'. Shortcomings in the Community Legal Service were preventing people in need from getting legal advice or taking legal action, even though they were eligible for legal aid. The system was not yet meeting the need for consistent and accessible advice and representation, and unless these problems were addressed urgently the future of the CLS was unclear.
Source: Geography of Advice: An overview of the challenges facing the Community Legal Service, Citizens Advice (020 7833 2181)
Links: Report (pdf)
Date: 2004-Feb
A draft evaluation report said that a pilot telephone legal advice service had helped to increase access to justice for vulnerable clients; could be delivered to a high standard and in a way that satisfied clients; and potentially offered excellent value for money.
Source: Methods of Delivery: Telephone Advice Pilot - Evaluation report, Legal Services Commission (020 7759 0000)
Links: Report (pdf)
Date: 2004-Jan