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The rationale behind legal aid for criminal matters must be that it is the state against an individual, whereas in civil matters it is between two individuals even though one of them may be a large and wealthy organisation.
In some civil cases it is still the state against an individual, the most obvious example being care proceedings, even if the state is a local authority. It's hard to think of any justification for withholding legal aid in care cases. With other civil ones, acknowledging that I have been out of practice for a while, is there not an obligation under the Civil Procedure Rules for the managing judge in considering the overriding objective to try and ensure "equality of arms"? If so then perhaps district judges need to be reminded of that when they deal with case management, and where there are complicated legal or factual issues to be decided, consider ordering a wealthy party to assist a LiP at least in part by funding some legal help to achieve this.
BTW, I think Lord Sumption will be 70, not 75. What a waste of talent that he and other JJSC must leave when they have so much to offer. Another of the now numerous mistakes of Mr. Blair

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