Law Society Legal News Summary 12 February 2024


NAO report on legal aid cuts

Big Issue, City A.M., Express & Star, Solicitors Journal and the Gazette continue coverage of a new report by the National Audit Office (NAO) which shows that annual legal spending has been cut by nearly a third (28%) over the last decade.

Law Society of England and Wales vice president Richard Atkinson said both the civil and criminal legal aid systems are “on their knees”, with millions of people unable to access the help they are entitled to. 

“The MoJ must ensure that access to legal aid – which is itself a core element of access to justice – is supported by a sustainable and resilient legal aid market. 

“This landmark report shines a light on the stringent and successive government cuts to legal aid alongside stagnant fees paid for expert advice provided by the remaining charities and small firms.” 

Also covered in Legal Futures

Read our press release
 

Video will witnessing ends 

Which? reports that the UK government has confirmed that it will not extend temporary legislation brought in during the Covid-19 pandemic that allowed vulnerable adults to have their will witnessed online. 

Law Society president Nick Emmerson said: “Video witnessing when making a will, obtaining probate or administering an estate, introduces a further level of risk which solicitors need to assess and manage. 

“Therefore, the digital wills process needs to have an appropriate level of protection to address concerns about the risk of fraud and undue influence. It is also important to make sure that people who would struggle to make a will electronically are not disadvantaged. 

“We support the Law Commission, as part of its wills reform project, in considering the role of video witnessing alongside wider issues on the use of technology to facilitate will-making.”
 

Evictions on the rise 

The Gazette, Landlord Zone and Property Wire continue coverage of the Ministry of Justice’s latest mortgage and possession statistics. 

Law Society vice president Richard Atkinson said: “With the cost-of-living crisis and high interest rates, many are struggling with rent and mortgage payments. For those at risk of losing their home, access to housing legal aid becomes vital. 

“Those on low incomes cannot receive the advice they are legally entitled to. Furthermore, those who are unable to access legal aid will be forced to represent themselves, which will place additional pressure on the courts and exacerbate court delays. 

“The government’s failure to increase housing legal aid has weakened the justice system and robbed those who face evictions and repossessions of assistance which may enable them to avoid becoming homeless. 

“We urge the government to immediately invest in housing legal aid to ensure that people are able to access the legal help needed to stay in their homes.” 

Read our press release
 

Generative AI 

The Gazette covers a roundtable held by our Leadership and Management Section and chaired by our president Nick Emmerson in Leeds, which looked at how generative AI has been dispensed in the law. 

Also worth a read: 

  • Post Office: Richard Moorhead predicts solicitor strike-offs – Gazette
  • Post Office: MPs hold talks over alternative plan to exonerate the wrongfully convicted – Guardian
  • Post Office: Fujitsu received £3.4bn in deals since 2019 – Sky News & Evening Standard
  • Subposmasters still being pursued for thousands of pounds – Telegraph (£)
  • Badenoch did not raise the Horizon scandal when she met Fujitsu at Davos in 2023 – Guardian
  • Home Office source criticises small boats policy – iNews (£)
  • Rwanda Bill incompatible with human rights obligations – Guardian
  • UK government criticised over ‘virtue signalling’ legislation – Evening Standard
  • NDAs and SLAPPs still used in dubious circumstances, says expert – Legal Futures
  • Over a quarter of lawyers use AI tools despite security fears – City A.M.
  • Thousands of UK Deliveroo and Uber Eats drivers to strike on Valentine’s Day – Guardian

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