Legal groups have been sending wishlists to all major political parties ahead of the General Election on 8 June.
The Law Society launched its plea to the next government this week, in a five-point paper, General Election 2017: our vision for law and justice. It wants the next government to: reinstate legal aid for early advice, particularly in housing and family law; negotiate access and rights of audience for UK lawyers to practise law across the EU; and ensure cooperation with the EU on civil justice. It also wants the Modern Slavery Act 2015 to be enforced, with sufficient resources provided; and for the current employment tribunal fee system to be scrapped.
Law Society President Robert Bourns said: ‘Every time turnover in the legal sector goes up by £1, it creates £1.39 in the wider economy.’
Meanwhile, family lawyers group Resolution wrote to all the major political parties this week, asking them to commit to modernising family justice in their manifesto. Resolution chair Nigel Shepherd’s letter makes four proposals: for no-fault divorce; for basic legal rights for cohabiting couples; for fair access to the family justice system; and for people to be given more financial clarity on divorce.
Shepherd argues that people often have to cite unreasonable behaviour or adultery on the divorce petition, which can lead to unnecessary conflict and reduce the chances of reaching agreement on children and financial issues. Instead, divorce could be finalised by either party giving notice that their marriage has broken down and repeating their notice six months later. He refers to the recent Owens v Owens case to illustrate why reform is needed, and points to other jurisdictions that already have no-fault divorce, including Scotland, Australia, Spain and Sweden.
On cohabiting couples, Shepherd argues that ‘a legal safety net’ should be provided rather than equal legal status with married couples, and notes that other jurisdictions such as Scotland, Australia and Canada already provide this. Resolution recommends setting eligibility criteria to indicate a committed relationship, together with the right to apply for certain financial orders, such as payment for child care costs, if the couple separate.
On access, Shepherd advocates providing free initial advice to people of limited means, to better inform potential litigants in person, to help people access the domestic violence gateway for legal aid, and to refer more people to mediation. He also calls for an immediate review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), and safeguards to protect domestic abuse victims from cross-examination by their alleged perpetrators.
Finally, Shepherd notes there has been a 30% increase across all family court cases of cases in which neither party had legal representation. This means separating couples often have little understanding of the financial consequences of their break up, placing an extra burden on the courts. He called for legislative reform to create more certainty on the level and timescale of maintenance payments, and for pre-nups to be made enforceable, with appropriate safeguards.
