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Justice in a time of austerity (Pt 5)

04 July 2019 / Dr Jon Robins
Issue: 7847 / Categories: Opinion , Legal aid focus , Immigration & asylum
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Advice droughts are as damaging & deserve as much attention as advice deserts, says Jon Robins

As NLJ readers know all too well, vast swathes of England and Wales have been reduced to legal advice deserts. Earlier this year Chancery Lane warned that over half of all local authority areas had either one or no housing legal aid provider.

How helpful is it to talk of ‘advice deserts’? The phrase is misleading. It suggests that people lucky enough to live outside of advice deserts can find advice or representation. Obviously, that’s not true. Even if someone manages to find a living, breathing legal aid lawyer they have to be eligible and their legal problem has to fall within what remains of the post-LASPO legal aid scheme.

But that’s not the end of the story. Last month Dr Jo Wilding, a barrister based at Garden Court Chambers, published her research into the dysfunctional and failing ‘market’ of publicly-funded legal advice in immigration and asylum advice (‘Droughts and Deserts:

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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
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A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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