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31 July 2008 / Anthony Burton
Issue: 7332 / Categories: Features
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What price justice?

The future for criminal legal aid lies with the factory firms of solicitors, says Anthony Burton

Almost 14 years ago this journal published an article “The demise of criminal legal aid” based on an address I gave at the International Bar Association's 25th Biennial Conference in Melbourne Australia (see 144 NLJ 6669, p 1,491). My paper included a rail against the systematic dismantling of the criminal legal aid scheme by the then lord chancellor, Lord Mackay. I argued that the criminal legal aid system had been the victim of a revolution zealously orchestrated by the lord chancellor, driving home Thatcherite policies leading to the destruction of the whole philosophical basis for legal aid. It transpires that he had barely scratched the surface. Tony Blair's lord chancellors succeeded in trumping their predecessors with cost-driven measures leading to a further erosion of choice and access to quality representation.

The legal aid scheme was set up 60 years ago in 1948 following the Lord Rushcliffe's Report of the Committee on Legal Aid and Legal Advice for Poor Persons in

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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
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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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