One law for the rich, no longer any law for the poor

Monday 29th November 2010, Miscarriages of JusticeUK
Legal aid is the Citizen's insurance policy in that laws that affect them are put into effect in the way intended. 

National/Local Government, Prison Service, Corporations are all powerful, those who are affected by their decisions are not. 

Legal aid is an essential safeguard against this inequality of arms and also serves to maintain scrutiny of  National/Local Government department decisions, serves to bring Corporations to account for wrong doing against employees, to bring both Government/Corporation to account for public malfeasance, criminal negligence.

If the cuts go through and it is up to you to stop them.

You will not be able to obtain legal aid for 'False imprisonment', 'Malicious prosecution', 'Negligence', failures to carry out duties or to fulfill obligations imposed by legislation and a whole raft of other torts.

Long term prisoners will suffer the worst, the problems they have on release, obtaining, housing, benefits, work, will no longer be covered by legal aid.

Proposed legal aid cuts for England & Wales:

- This bulletin provides information about proposed cuts to legal aid and what you can do to oppose them (see here). Please distribute this bulletin to your faith groups/trade unions/community action groups, most importantly, make your own views known.

Government Proposals for the Reform of Legal Aid in England and Wales

Tort and other general claims

This includes:  assault;  negligence;  nuisance;  breach of a statutory duty;  false imprisonment; and  malicious prosecution.

Government proposes to remove all Legal Help and Representation for tort and other general claims. 

Welfare benefits

Government proposes to remove all Legal Help and Representation for welfare benefits matters.

Clinical negligence

Government proposes to remove all Legal Help and Representation in this category.

Legal Help for the Criminal Injuries Compensation Authority

Government proposes to remove this Legal Help from scope.

Immigration

Government proposes to remove all Legal Help and Controlled Legal Representation for immigration matters, other than for persons seeking release from detention or proceedings before the SIAC. These include but are not limited to: Grant/variation of leave to remain; Entry clearance applications; European applications; Citizenship and travel documents; and Applications under concessions or policy outside of the Immigration Rules (HC395).

Asylum support cases

Government proposes to remove advice and representation for applications for asylum support.

Employment

Government proposes to remove all Legal Help and Representation on employment matters.

Education

Government proposes to remove all Legal Help and Representation on education matters.

Housing

Government proposes to remove all advice and representation in this category other than for homelessness and housing disrepair (non-damages) cases.

Debt

Government proposes to remove all Legal Help and Representation in relation to debts such as council tax, utilities, credit card debts, fines, unsecured personal loans, overdrafts and hire purchase debts. proceedings concerning the making, discharge or annulment of a bankruptcy order; and matters concerning an Individual Voluntary Arrangement.

Claims against public authorities

Government proposes to exclude cases which do not fall into one of the three categories proposed for inclusion (abuse of position of power; significant breach of human rights; or negligent acts or omissions falling very far below the required standard of care). We do not propose to retain the existing rule that brings back into scope of civil legal aid any matter for which it is argued that Significant Wider Public Interest applies.

Consumer and general contract

Government proposes to remove all Legal Help and Representation in this category. relating to: breach of contract; professional negligence (other than medical negligence); recovery of property; fraud; consumer credit issues; personal data issues.

Family law (private): (a) ancillary relief

Government proposes to remove all advice and representation for ancillary relief cases where domestic violence is not present.

Higher courts: The Court of Appeal, the Supreme Court, and European Court of Justice

Government proposes to remove legal aid for onward appeals to these courts where the category of law would no longer be in scope.

Higher courts: Upper Tribunal appeals

Government proposes to remove all Legal Help and Representation currently within scope in this category.

Cash forfeiture proceedings

Government proposes to remove all Legal Help and Representation for cash forfeiture matters.

Hadgkiss Hughes & Beale are franchised by the Legal Services Commission to provide Legal Aid funded advice for Family and Criminal work.

Legal Aid Cuts Would Remove Free Advice for Thousands of People

The Guardian 15th November 2010

Hundreds of thousands of people with family and housing law problems will no longer have access to free legal advice under government proposals announced today.

Measures proposing the most drastic cuts to legal aid in its 60-year history would seek to reduce the number of civil law cases by 547,000 a year in what ministers describe as an attempt to save money and "discourage a culture of litigation".

"At more than £2bn per year, we currently have one of the most expensive legal aid systems in the world," said the justice minister, Jonathan Djanogly.

"In civil legal aid and private family law people are too often willing to hand over their personal problems to the state … there is a lack of appreciation of the implications of going to court. The need to make savings provides us with the impetus and urgency for change."

The proposals, published in a consultation paper today, suggest the removal of whole areas of law from the scope of public funding. Divorcing couples will no longer be able to receive free legal representation for court cases, other than in cases where there is domestic violence or forced marriage, in a change ministers say should encourage mediation.

Government figures estimate the move will reduce the number of cases by 265,000 per year. People facing homelessness, housing disrepair and antisocial behaviour will still be able to gain free legal advice.

But people with other housing problems will no longer get state help, despite a government statement acknowledging that these people are "more likely to be ill or disabled". This move means some 38,000 people per year will no longer able to access free legal help.

The legal profession was gearing up to respond to the proposals today. Many of those who deliver legal aid services would lose their jobs as law centres and firms offering free advice would face closure under the measures.

In addition, all fees for legal aid lawyers would be cut by 10%. "The starting point is not what lawyers earn or how many lawyers there will be," said Djanogly. "The starting point is how much support the taxpayer should give for legal aid."

Rural Poperty Prices Double

Rural property prices double

The price of property in rural areas has risen 96pc in the last decade.

Photo: RICHARD AUSTIN

House prices in the countryside have doubled in the past 10 years 

The Telegraph Monday 15th November

Houses in rural areas of the UK have increased in price by an average of £200 a week over the past 10 years. Houses in rural areas have climbed higher in price than their urban counterparts according to research conducted by Halifax.

Homes in towns and cities have increased by 91pc over the same period.

Buyers looking at purchasing a property in the countryside can expect to pay a 20pc premium, compared to one bought in an urban area. This difference has increased over the past decade; ten years ago, buyers in the countryside paid a 17pc premium.