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17 November 2023 / Roger Smith
Issue: 8049 / Categories: Opinion , Legal aid focus , Profession
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Legal aid on the Day of the Dead

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Roger Smith casts his eye over the options to meet unmet legal need & finds some chinks of light

The Legal Services Consumer Panel chose Halloween, one of the days of the dead, to hold a conference on unmet legal need. Given the dire state of legal aid— which can truly be described as eviscerated—the panel may have revealed more than it intended by its choice of subject. Whatever the origin of the event, some interesting issues emerged.

The first point is why a regulator has any interest in the topic. You might think its point is to impose standards on what is being provided—a role ex post facto—rather than as instigator. The panel has a number of answers to this. After all, improvement of access to justice is included in regulators’ statutory duties. More generally, all regulators are subject to the Public Sector Equality Duty. Further, various suggestions for reform might require regulation. But the essential reason is probably that, with the abolition of the Legal

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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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