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28 September 2017
Issue: 7763 / Categories: Legal News , Legal aid focus , Legal services , Profession
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Bach’s big idea welcome

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Commission urges all parties to support a Right to Justice Act

Lawyers have given a warm welcome to the Bach Commission’s final report on access to justice, which calls for a ‘right to justice’ to be enshrined in law.

Former Justice minister Lord Bach, who headed the commission, urged all parties to support a Right to Justice Act that would create a new right for individuals ‘to receive reasonable legal assistance without costs they cannot afford’.

Andrew Langdon QC, Bar Council chair, said: ‘Lord Bach makes the important point that the rule of law and legal rights do not mean much unless citizens are able, through the legal system, to have them upheld, and that cuts to legal aid have made that impossible for many, especially the most vulnerable in society.’

CILEx President Milicent Grant said the report showed ‘ambitious thinking’, and highlighted the essential need for ‘a well-functioning market of independent legal service providers’ to achieve meaningful access to justice.

Writing in NLJ this week, columnist Jon Robins notes that the proportion of the population eligible for legal aid fell from eight out of 10 people in 1980 to less than one third of the population in 2007, and now stands at about one in five of us.

Lord Bach calls on the government to conduct its long-awaited review of LASPO which cut legal aid for large areas of civil and family law in 2013.

Robins says: ‘The report recommends introducing early legal help to pre-LASPO levels across the board and makes the case for widening scope to include all matters concerning children, as well as reinstating legal aid for areas of family law and immigration law. It proposes public funding for bereaved families in inquests and scrapping rules limiting funding for judicial review.’ 

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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