Monday, 30 April 2012

DPAC: In a Nutshell: Next round of Legal Aid Amendments explained - Act Now to Save Legal Aid!


In a Nutshell: next round of legal aid amendments explained – act now to save legal aid!

Posted: 15 Apr 2012 01:27 PM PDT
with many thanks to nick @Mylegalforum for letting us 
repost see Mylegalforum for more

Here’s how Clarke’s proposals will affect many lives if the 
Government gets its way this Tuesday – you can kiss goodbye 
to legal aid for all this..

Clarke is opposing…

(1)   A clearer definition of his functions (1)

(2)   Access to legal services for domestic violence victims (2)

(3)   A better definition of the distinction between him and his director 
       of legal services, but he is putting forward a counter-proposal for 
       individual cases, which he proposes imposes ‘independence’ (3 & 
       4 replaced)

(4)   Any legal help for welfare benefit work, up to first–tier tribunal 
       level (168)

(5)   Has made a concession on welfare benefits in the upper tribunal 
       & higher courts, which needs to be treated with some degree of 
       caution until its full legal effect is known (169 & 240)

(6)   Experts report in clinical negligence cases (170)

(7)   Face to face advice – he wants the telephone gateway (24
)
(8)   Exceptions in respiratory /industrial disease or illness cases (31)

(9)   Exceptions in Industrial disease cases where breach of duty by 
       employer (32)

(10) Access to a legal services for a wider number of children (171)

(11) Access to legal services in clinical negligence cases in instances 
       which took place when the victim was a child (172)

Nor is he giving much on domestic violence provisions with 
the additional opposition of amendments 192 to 196 (excluding 
195).

In summary – he’s gone against the Lords on almost everything, 
with some tinkering to suit his government’s aims, & a meaningless 
concession on Upper Tribunal & higher court work in welfare benefit 
cases which is unlikely to benefit advice agencies, given the low 
number of cases when the biggest problem they face, is helping clients 
with the tsunami of benefits appeals at First Tier level – set to increase 
to 644,000 appeals per year according to the Tribunal judiciary!

Contact your MP – there are many links to different ways of doing so on the 
internet. 

We’ve put one here…


YOU NEED TO ACT TODAY – TIME IS NOT ON OUR SIDE!



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