July 2009 Improving Access to Justice through Collective Actions
The final report by the Civil Justice Council to the Lord Chancellor, “Improving Access to Justice through Collective Actions: Developing a More Efficient and Effective Procedure” was submitted in November 2008. The paper followed two and a half years of extensive consultation and research and made several recommendations for bringing collective claims for compensation including:
The Report: Improving Access to Justice through Collective Actions.pdf
On 20th July, the government responded saying that it welcomed the report and its analysis. It concluded however that collective actions would be best taken forward on a sector by sector basis and that the creation of a generic right of action would not be appropriate. The Government will now develop a framework document setting out the issues to be addressed when introducing a right of collective action, with options and, where appropriate, a preferred approach. This will act as a ‘toolkit’ for policy makers and legislators.
The government adds that it will be for the relevant Government Departments to decide whether to consider introducing collective actions in any given sector and the timetable for doing so. Work on the framework document and generic rules will begin in the second half of 2009, and be led by the cross-Government official working group.
Government Response: Government Response 20th July 2009.pdf
Research by Prof. Rachael Mulheron, ‘Reform of Collective Redress: A Perspective of Need’ (2008) : Collective Redress Prof.Mulheron_.pdf
Report by Prof. John Peysner and Angus Nurse, ‘Representative Actions and Restorative Justice’ (2008) : Representative Actions Prof.John Peysner Dec 08.pdf
Link: Civil Justice Council
July 2009 Unleashing Aspiration: The Final Report of the Panel on Fair Access to the Professions
Unleashing Aspiration: The Final Report of the Panel on Fair Access to the Professions was published by the Cabinet Office in July. The evidence also suggests that the law remains one of the most socially exclusive profession. It found that top solicitors and barristers are typically drawn from middle-income families that are significantly better off than average (up to £800 per week more family income than the average) and that typically, over 50% of solicitors and barristers attended independent schools, compared to just 7% of the population as a whole. This means that a typical lawyer of the future will today be growing up in a family that is better off than five in six of all families in the UK
Phase 1 of the report published in April also found that law firms also far outstripped other professional employers in requiring internees and work-experience students to be based in London – a barrier to many applicants from less well-off backgrounds. It said that professionals born in 1970 were far more likely to come from the professional classes than those born in 1958. It notes that 75% of judges attended independent schools, compared with 70% of finance directors, 45% of top civil servants, 32% of MPs and 7% of the population as a whole.
Phase 1: Phase 1 Panel Report April 09.pdf
Final Report: Fair Access to the Professions July 2009.pdf
Summary: Fair Access Summary 07.09.pdf
July 2009 Understanding the Risks of Social Exclusion Across the Life Course
The Understanding the Risks of Social Exclusion Across the Life Course research project comprises four studies that map the risk of social exclusion among people and families at key life stages. This research from the Universities of Bristol and York and from the National Centre for Social Research explores the risks of social exclusion among people and families across four key life stages:
The research uses an innovative approach to gain insights into the different triggers and risks that can lead to social exclusion. Understanding who experiences these risks and how they can impact on the lives of individuals and families is vitally important for improving public services. Findings from the research will be used to help policy makers and service providers to better identify those most in need of help. These studies provide further evidence supporting the Government’s drive to deliver more personalised and responsive public services.
The reports were commissioned by the Social Exclusion Task Force in the Cabinet Office and examined risk markers of social exclusion using a new analytical framework – the Bristol Social Exclusion Matrix – developed by researchers at the University of Bristol.
SEU Risks Families and Children.pdf
SEU Risks Young People.pdf
SEU Risks Working age without dependent children.pdf
SEU Risks Older People.pdf
Summary: Risks of Social Exclusion Summary.doc
Link:Social Exclusion Unit at the Cabinet Office
July 2009 EHRC Strategic Plan 2009 - 2012
On 16th July, the Equality and Human Rights Commission published its three year Strategic Plan setting out its priorities and work programmes to March 2012. The Commission has set out five strategic priorities for the next three years.
The Commission is committed to ensuring that the law works for individuals, breaking through injustice, making strategic interventions and supporting individual cases. It will also work with others to increase the availability of legal representation.
EHRC Press Release: Strategic Plan Press Release.doc
Summary of Strategic Plan: Strategic Plan Summary 2009-2012.pdf
EHRC Strategic Plan: Strategic Plan 2009-2012.pdf
EHRC Plans: What our plans mean for you.pdf
July 2009 No Time to Retire - Legal Aid at 60
On 10th July, Citizens Advice published a report showing the growing need for civil legal aid during the recession.
Copy of the Report: Citizens Advice No Time to Retire 07.09.pdf
July 2009 Rights and Responsibilities in the Social Security System
‘Rights and Responsibilities in the Social Security System’ by Julia Griggs and Fran Bennett, University of Oxford was published by Social Security Advisory Committee in July 2009.
The paper aims to provide an overview of the development of rights and responsibilities in the UK social security system, including the evolution of benefit conditionality and a consideration of the importance of these concepts in the current policy context. This background provides a starting point for thinking about key issues involved in debates about both benefit conditionality and rights and responsibilities more generally.
Occasional Paper 6: SSAS Rights and Responsibilities July 2009.pdf
July 2009 Equality Bill as Amended
The Equality Bill completed its scrutiny by Public Bill Committee in the House of Commons on 7th July 2009.
Vera Baird, Solicitor General, welcomed two important amendments to the Equality Bill. This came on the day the Equality Bill was amended to make clear that treating a woman unfavourably because of pregnancy or maternity - at work or in shops and public services - is unlawful and cannot be justified. The Solicitor General said, ‘We are determined to strengthen the Bill to make it absolutely clear that discrimination against pregnant women and new mothers cannot be justified.’
A new ‘Dual Discrimination’ clause was also inserted into the Bill to allow people directly discriminated against because of a combination of two protected characteristics to make a claim. The Solicitor General said, ‘Protection against ‘dual discrimination’ is also a progressive step forward in fighting discrimination, giving people access to justice when they experience this particular type of discrimination which can be caused by stereotyped attitudes.’
In the final session, she said:
‘I am pleased that we have been able to take forward our debate in a rational and positive way. The Bill has been improved by scrutiny and by a number of amendments, although they were all the Government’s. However, I have agreed to consider five matters: whether to include various fire and rescue bodies in the socio-economic duty; the clarification, if necessary, of the asymmetric nature of disability protection in clause 13(3); the issue around the case of Malcolm and whether we need to make the protection in clause 14 clearer; the case for representative actions; and, very recently, whether to limit the use of pre-employment disability questionnaires.’
The Equality Bill will now go to the Report stage in the House of Commons, when all MPs will be given the opportunity to debate and propose further amendments to the Bill. The majority of the Equality Bill should come into force by Autumn 2010, subject to its progress through Parliament. This is the earliest anticipated commencement date following Royal Assent.
Clause 14 on Dual Characteristics: Duel Characterisitics.doc
Equality Bill as Amended: Equality Bill as Amended July 2009.pdf
The Bill went through the final Report stage in the House of Commons on 2nd December before to going to the House of Lords. Changes made in the Lords are here: Equality Bill
The Bill received Royal Assent on 8th April 2010.
July 2009 Pro Bono Costs Orders
Since October 2008, Courts in England & Wales have had the power to order a losing party to make a payment to The Access to Justice Foundation, under section 194 of the Legal Services Act 2007 – a “pro bono costs order”. The first pro bono case to produce the first substantial Section 194 order was in July 2009. Lawyers acting for free on behalf of housing charity Shelter saved a vulnerable family from eviction and obtained the first substantial Section 194 “pro bono costs order” for £20,000 in the process, which will be recycled to help others get free legal help in the future.
Press Release: Order for Costs Section 194 07.09.pdf
Leaflet on Section 194 Orders: Leaflet on Section 194 2008.pdf
Link: Access to Justice Foundation
July 2009 Justice Committee Report on Family Law Reforms
On 7th July, the Justice Committee reported on Government plans to reform the provision of family law.
Report: Justice_Committee_Report_July_09.pdf
July 2009 Office for Legal Complaints
The Office for Legal Complaints (OLC) has been established by the Legal Services Act 2007 to make sure users of legal services can go to an independent and impartial Ombudsman scheme to resolve disputes involving their lawyer. They will be the single body for all consumer legal complaints. The new organisation formally came into being on 1 July 2009. They will begin to resolve complaints in the second half of 2010.
OLC launch document, Towards Establishing the Office for Legal Complaints.pdf, sets out OLC’s approach to creating a scheme that will resolve disputes fairly and effectively.
Link: Office for Legal Complaints
