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After the Act: Access to Family Justice after LASPO [Kietas viršelis]

(University of Oxford, UK),
  • Formatas: Hardback, 208 pages, aukštis x plotis: 234x156 mm, weight: 460 g
  • Išleidimo metai: 18-Apr-2019
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509920196
  • ISBN-13: 9781509920198
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 208 pages, aukštis x plotis: 234x156 mm, weight: 460 g
  • Išleidimo metai: 18-Apr-2019
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509920196
  • ISBN-13: 9781509920198
Kitos knygos pagal šią temą:
After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings.

The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society.

Fragmentation of the market in the new services offering information, initial advice, online or alternative dispute resolution but rarely ongoing casework raises questions about where costs fall and how quality can be assured. Many of these services are forms of private ordering, where outcomes are hard to assess.

If neither the state nor the individual can afford full legal services where the best interests of any child involved are of paramount importance, and lawyers negotiate to make best use of the resources available, perhaps it is time to consider using lawyers differently, with lay support, to solve problems before they become disputes.

Daugiau informacijos

After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in cases of child protection and domestic abuse.
Preface v
1 Family Legal Problems and the Collapse of the Supportive State
1(27)
I Introduction
1(1)
II The Scope of the Problem
2(4)
III The Post-War Changes to Legal Aid
6(3)
IV Family Law: a Victim of its Own Success?
9(4)
V Legal Aid in Family Matters After 2013
13(2)
VI The Renewed Push for Mediation
15(3)
VII Paucity of Legal Provision
18(2)
VIII Child Support
20(3)
IX Are These Purely Private Matters?
23(3)
X Conclusions, Methodology and What Follows
26(2)
2 Government Activity After LASPO
28(15)
I Community Legal Services
28(4)
II Assisting Litigants
32(7)
III Government Information Provision
39(1)
IV Conclusions
40(3)
3 The Response of the Legal Professions to LASPO: I Solicitors' Innovative and Pro Bono Activity
43(22)
I Innovative Practices
43(3)
II Pro Bono Activity
46(14)
III Regulation and Liability
60(5)
4 Legal Advice Clinics: Observational Data
65(17)
I Clinic A: A Court-based Family Legal Advice Clinic (Staffed by Solicitors Assisted by PSU)
65(5)
II Clinic B: A University-based Clinic Comprising a Legal Advice Centre with Local Practitioners and Students and a Separate Student Family Help Desk at Court, Run by a `Pracademic' (A Faculty Member with a Practising Certificate as a Family Solicitor)
70(8)
III Clinic C: A Family Legal Advice Clinic Linked with an Advice Agency
78(2)
IV Concluding Observations
80(2)
5 The Response of the Legal Professions to LASPO: II Barristers in Action Pro Bono
82(11)
I Structural Issues
82(2)
II Liability and Insurance
84(1)
III Interview Data
85(6)
IV Conclusions
91(2)
6 Judicial Initiatives
93(13)
I Introduction
93(1)
II Specific Problems and Initiatives
94(5)
III Observational Data
99(5)
IV Conclusions
104(2)
7 Support in Court by Non-Lawyers
106(12)
I The Personal Support Unit (PSU)
106(7)
II McKenzie Friends
113(5)
8 The Student Contribution: Clinical Legal Education
118(15)
I Aims
118(3)
II Organisation of CLE
121(2)
III Regulating CLE
123(3)
IV CLE Training and Student Preparation for Family Work: Observational Data
126(4)
V Conclusions on Student Pro Bono Activity
130(3)
9 The Third Sector
133(19)
I Introduction
133(4)
II Observational Data
137(12)
III `Advice' in the Third Sector
149(3)
10 Public Legal Education - Legal Capability and the Boundaries of Law
152(10)
I The Legal Education Foundation
153(1)
II Law for Life
154(2)
III Advice Now
156(3)
IV Reflections on PLE
159(3)
11 A Post-Legal World for Family Disputes?
162(20)
I The Initiatives Summarised
162(5)
II Impact Evaluation
167(3)
III Which Way Forward?
170(4)
IV The Place of Law in Family Matters
174(8)
Bibliography 182(9)
Index 191
Mavis Maclean CBE was a co-founder of the Oxford Centre for Family Law and Policy, and is currently Senior Associate at the Department of Social Policy and Intervention, and Senior Research Fellow, St Hildas College, University of Oxford. John Eekelaar is Emeritus Fellow of Pembroke College, University of Oxford.