LASPO goes on the statute book
The controversial Legal Aid Sentencing and Punishment of Offenders Act received royal assent today, 11 months after it was introduced to parliament. Part 1 of the act paves the way for cuts to the scope of and eligibility for legal aid; part 2 reforms conditional fee agreements. Both come into force in April 2013.
Part 3 of the act deals with sentencing reform, creating a new offence of threatening people with a knife in public or at schools and causing injury by driving dangerously. It also criminalises squatting.
The bill met strong opposition in both houses, which inflicted 14 defeats on the government. The act will remove legal aid for wide areas of law including most private family law, social welfare law, clinical negligence, education and employment.
Part 2 abolishes the recoverability of success fees and associated costs in conditional fee agreements. A last minute climb-down by the government meant that the reforms will not be introduced for mesothelioma cases until a review of their impact on other cases has been carried out.
The act also creates tougher community sentences, gives prosecutors the right to appeal against Crown court bail decisions and clarifies the law around self-defence.
Justice secretary Kenneth Clarke said: ‘These reforms will strengthen our work to cut crime, protect the public and ensure taxpayers’ money is being spent where it is most needed and most effective.’
Justice minister Jonathan Djanogly said: ‘This act ensures we will continue to have one of the most generous legal aid systems in the world, which together with no-win no-fee deals means that legal help is widely available for those who cannot afford a lawyer. It will help people to explore the range of practical advice available to them to tackle problems early, rather than immediately taking legal action.'
Djanogly added that the act ‘will reduce lawyers’ fees, which we all end up paying for through increased prices and insurance premiums. It will make legal costs fairer between people suing for compensation and the defendants, so that the defendants are not denied access to justice through fear of high legal costs.’
But Law Society president John Wotton warned: ‘The consequence of this act will be that, in some very important areas like housing and welfare benefits law, vulnerable members of society will find legal advice and representation in the courts, funded by legal aid, more difficult to obtain.’
Wotton said the campaign against many aspects of the act, by the Law Society and others, had led to important concessions and amendments. But he said: ‘We cannot pretend that the final act is the outcome for which we had hoped.’
Comments
LASPO
And so it ends.
Would the last claimant/publicly funded lawyer to leave please turn off the lights.
We can ill afford the bill.
LASPO
Thousands of legal jobs will be lost - particularly the very skilled legal aid Solicitors and Legal Executives; Barristers and Claimant and Defendant Costs Draftsmen. Those in support rules will also loose their jobs. Members of the public in need of legal advice will not be able to obtain it because of the lack of funding options. There will be a huge reduction in tax revenue and payments out for unemployment related benefits will increase.
The whole of the Jackson and legal aid related costs and funding changes are wrong. It was Thatcher who championed an ecomony fuelled by the service industries, but these changes under LASPO put a huge dent in that. Please can this government get their plans in order for everybody's sake.
Free enterprise!!!!!
Thatcher championed free enterprise, not a nationalised legal welfare state. This year has brought nothing but benefit to the consumer and taxpayer. From whiplash claims to the introduction of ABS to these welcome reforms 2012 will go down as one of the best years for legal service reform. The taxpayer has fought a hard battle with such a powerful vested interest group ( house of lords legal members, Clarke and Straw) who's own members are ashamed of how parasitic this vice has become. Well done to the coalition.
You really do not have a clue
You really do not have a clue Damian. Maybe when you are in the position to need one of the 'parasites', you may just realise exactly who benefits from these reforms and where the vested interest lay - unless you and your family have some shareholdings in an insurance company or are a politician with an eye on a cushy job with one - it isn't you mate. And It certainly isn't the consumer or the taxpayer, who will be ripped off to an even greater extent.
Legal aid solicitors are
Legal aid solicitors are anything but parastic! They all studied for years, and rather than chase the money they have decided to work in legal aid centres to help everyday people who desperately need help.
They help working men and women, people who are wrongly threatened with eviction, single mothers who have been unfairly sacked with no notice, working men who have been injured doing a job to support their family but now need three months off work to get over their broken leg/arm etc caused by their unsafe job.
These people that need help will just be taken advantage of now, because the people that did care enough to want to help won't be there.
Free enterprise!!!! ........ ?
this is the most corrupt
this is the most corrupt government in the world, don cameroni well done leading the eton mob, you and your fatcats will be found out in the end but guess what huge cover up and nothing will happen to you, money talks, your a disgrace.
It's fine for corrupt
It's fine for corrupt ministers who steal money through the expenses system to receive legal aid but god forbid that anyone should get it who is denied contact with their child, has had their welfare benefits unlawfully stopped or faces possession proceedings because they are stuggling to afford their home (legal aid lawyers will soon be in the latter group thanks to this government)
Well done Cameron. *slow
Well done Cameron. *slow claps*
I despair of this 'government', I really do. What kind of man leaves the most vulnerable people stuck at the bottom of the pile, without any helping hand?
Cameron needs to look up 'empathy' and 'social responsibility' as he has clearly misunderstood what they mean.
....and Damian - you clearly have never needed any help from a Legal Aid lawyer. I hope you never have need of advice from a solicitor, as because of attitudes like yours, you now won't be able to access one.
LAPSO - GOVERNMENT WRONG DOING
How on earth can this Government say that becoming involved with civil costs about civil claims is firstly their business and secondary assisting the economic growth. The basic facts must be that each Claimant who receives damages spends them in the UK, Normally, the taxation on goods and services helps growth in the uk. Secondary Solicitors gain funds and pay taxes on the work done but also in corporation tax, thirdly, they employ staff, as do the defendants insurers and solicitors with tax and vat payments to the revenue as do Barristers, their staff and costdraftsman, Medical agents, ATE providers and the like, all these contribute to taxation and growth with revenue. The court service, judges and finally the ministry of justice all benefit from the ability of claims process in one way or another, so on what basis are we allowing these idiots to change the process, more so because of the dramatic effect such changes will cause such as mass unemployment and the ability for this country to climb out of recession. If you cannot see this Cameron, you might just see it when your sacked from your position because you have taken action and meddle in something which you really cannot know the implications of in the long run.
I really and sincerely hope that the opposition to government find some way to kick these idiots out of power, I for one will be campaigning from this day forward to make that happen. Anybody effected by this should do likewise.
LAPSO
Would that it were true, Adrian but the last lot set the Jackson 'reforms' in train and there is no indication that the 20 year long attack on legal aid and the legal professions will be reversed if there is a change of government.
Black arm bands all round
I cannot post what I want to say as it will be removed for abuse, these morons have colluded to kill off the entire law centre network, legal aid lawyers around the country will be considering other professions tonight as the death knoll rings out. Anyone who believes that these reforms will bring stability to the access to justice debate is deluded. As for myself, I will be retiring into a darkened room with my service revolver. It is a shame I cannot take out these fools beforehand.
Bang
bang!