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27 April 2022
Issue: 7976 / Categories: Legal News , Legal aid focus
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Trapped capital

Low-income individuals with ‘trapped capital’ are unable to access legal aid in 30% of cases, research by the Public Law Project has found

Its report, ‘Trapped capital’ and financial eligibility for legal aid, published this week shows significant hurdles remain for those, including domestic abuse survivors, with trapped capital in a family home or other asset. This is despite the decision in R (oao GR) v Director of Legal Aid Casework [2020] EWHC 3140 (Admin), which established the Director has discretion to value capital assets at nil.

Barriers include financial disincentives for legal aid providers, lack of training of caseworkers, lack of public information and the discretionary nature of the rules.

PLP’s Dr Emma Marshall, co-author of the report, said: ‘These findings are deeply concerning.’ Marshall added the proposals outlined in the government’s consultation, Legal Aid Means Test Review, which closes for responses on 7 June, ‘do not offer much cause for optimism’.
Issue: 7976 / Categories: Legal News , Legal aid focus
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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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