The procurement of legal aid in England and Wales by the Legal Services Commission


Book Description

The Legal Services Commission spends GBP 2.1 billion a year on buying civil and criminal legal aid, mainly from solicitors and barristers, and a further GBP 125 million on administration. This title reports confusion and uncertainty about the respective roles of the Commission and the Ministry of Justice.




Media & Entertainment Law


Book Description

Media & Entertainment Law presents a contemporary analysis of the law relating to the media and entertainment industries both in terms of its practical application and its theoretical framework, providing a broad and comprehensive coverage of these fast changing branches of the law. Fully restructured to complement how media law is taught today in the digital age, this third edition explores recent updates in the law including the outcomes of the Google Spain case and the ‘right to be forgotten’, the use of drones in breach of privacy laws, internet libel and the boundaries of media freedom and press regulation following the Leveson inquiry. Media & Entertainment Law uses the most up-to-date authorities to explore privacy and confidentiality subjects, such as the Prince Charles 'black spider' letters, the Maximilian Schrems and the celebrity superinjunction PJS v Newsgroup Newspapers cases. The book also covers defamation, contempt of court and freedom of information, plus Scots law. New to this edition: A brand new chapter is dedicated to exploring technology and the media, including contemporary issues such as the dark web, the surveillance state, internet censorship and the law and social media, including bloggers, vloggers and tweeters. The chapters on regulatory authorities have been expanded to provide greater clarification and explanation of broadcasting, press and advertising regulation, including the protection of journalistic sources and comparisons with EU Law. The chapter on intellectual property and entertainment law has been streamlined to match media law courses more effectively. This text provides students with detailed coverage of the key principles, cases and legislation as well as a critical analysis of this vibrant subject.




Evaluation of the Public Defender Service in England and Wales


Book Description

This report presents the findings of the independent evaluation of the Public Defender Service based on an evaluation of its work over the first three years of its existence, between 2001 and 2004. Chapter 1 sets out the policy background to the establishment of the PDS. Chapter 2 presents findings relating to the background of the clients and complexity of the cases. Chapter 3 compares the way the PDS and private criminal defence firms process cases. Chapter 4 contains findings on the quality of work; Chapter 5 analysis the time spent on cases. Chapter 6 reports on a survey on the effectiveness, quality, and independence of the PDS. Chapter 7 reports on a survey of experiences of working with the PDS.




The Ethics and Conduct of Lawyers in England and Wales


Book Description

This is the third edition of the leading textbook on legal ethics and the regulation of the legal profession in England and Wales. As such it maps the complex regulatory environment in which the legal profession in England and Wales now operates. It opens with a critical overview of professional ideals, organisation, power and culture and an examination of the mechanisms of professions, exercised through governance, regulation, discipline and education. The core of the book explores the conflict between duties owed to clients (loyalty and confidentiality) and wider duties (to the profession, third parties and society). The final part applies lawyers' ethics to dispute resolution and settlement (litigation, negotiation, advocacy and alternative dispute settlement). Now laid out in a more accessible format and written in a more approachable style, the book is ideal reading for those teaching and learning in the field of legal ethics.




Financial management report 2011


Book Description

Financial management at the Ministry of Justice has improved considerably since the National Audit Office last examined this subject in 2010 (HC 187, ISBN 9780102965339). The Ministry now has effective governance structures in place and, in 2010-11, managed its money far more effectively, allowing it to redeploy funds to where they were most needed. Financial management is now much more central to the operation of the organisation and the quality and consistency of financial planning and forecasting have improved. Financial information for decision making is more relevant and useful, with the Ministry's planning work allowing it to bring together a wide range of business information to estimate the financial implications of its workload. It has also improved oversight of its arm's-length bodies. The Ministry still has gaps in financial reporting skills and some of its underlying systems need further improvement. It was one of only two government departments that failed to produce their financial accounts by the 2011 summer Parliamentary recess, mainly due to the accounts for the National Offender Management Service being produced late. The Legal Services Commission, an arm's-length body of the MOJ, had the audit opinion on its 2010-11 accounts qualified owing to the potential level of error, put at an estimated £50 million. There has also been little change in how the Ministry monitors and collects assets due under confiscation orders, with the amount of outstanding debt having increased by almost £400 million in 2010-11.




Lawyers and the Public Good


Book Description

For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.




Sanders and Young's Criminal Justice


Book Description

'Sanders and Young's Criminal Justice' is an engaging account and a rigorous critique of the criminal justice system, drawing on a wide breadth of research in the field.




English Legal System


Book Description

Clear, complete, and contextualized; this guide to the English legal system provides the strongest foundation for students at the start of their studies. Straightforward explanations of key topics are paired with learning features showcasing the law in its everyday context to give students a firm grasp on the fundamentals of the legal system.




Implementation of the Carter Review of Legal Aid


Book Description

This report examines the Government's proposals for radical reform of the Legal Aid system, as set out in the Government's White Paper (Cm. 6993, ISBN 9780101699327) published in November 2006. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 9780101659123); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006. The Government plans to change the basis on which Legal Aid is to be procured by introducing a transitional system of fixed and graduated fees for cases (rather than payment on an hourly basis as is the practice now in many areas of legal aid work) as a way of preparing for full competitive tendering for Legal Aid contracts by solicitors. Overall, the Committee finds that while it supports the fundamental aims of the reforms and recognises that there is an urgent necessity to limit Legal Aid expenditure, the Government has introduced these plans too quickly, in too rigid a way and with insufficient evidence.




Equality and Human Rights Commission


Book Description

This report examines the events leading to the qualified audit opinion on the Equality and Human Rights Commission's 2006-08 accounts and on the continuing weaknesses in the Commission's controls. The Commission took up its new powers, and those of the former Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission (the Legacy Commissions), on 1 October 2007. Serious errors were made in setting up the Commission, not helped by three changes of sponsor department in the months immediately before its launch. The Commission now accepts that it was not ready for business when the doors opened on 1 October 2007 and that its set-up process, which cost £39 million, was flawed and inefficient: it did not have in place sufficient senior staff, a transition strategy, business strategy, organisation design or job descriptions. Skills gaps were filled by bringing back former employees of the CRE as consultants, even though they had all received severance payments. The Treasury, which should have been consulted about these appointments, did not grant approval retrospectively as the Commission could not prove that the re-engagements gave good value for money. This expenditure was therefore deemed irregular and the Comptroller and Auditor General issued a qualified opinion on the Commission's 2006-08 accounts. This is not the way that the Public Accounts Committee expects public bodies to be run. Strong controls need to be in place to ensure that such errors do not recur.