Election victory challenge to PM: repair UK's justice system

The Law Society wasted no time in reinforcing to the incoming Conservative government the reality of the crisis in Britain’s justice system, calling for an immediate cash injection to repair it.

The British people voted, on 12 December 2019, to return Boris Johnson back to 10 Downing Street with a majority Conservative parliament.

The Society urged the new government to prioritise the repair of the justice system and to champion the rule of law, alongside negotiating a deal with the European Union (EU).

“As the new government takes office, the justice system of England and Wales is on its knees”, the Society’s vice president David Greene said.

He warned that the legal system needs an immediate and sustained boost in funding “if Britain is to retain its world-wide reputation for justice and fairness”.

Greene said “the stakes have rarely been higher” with access to justice for everyone a cornerstone of the rule of law and British values; but years of under-funding mean growing numbers of vulnerable people are being refused legal aid and unable to enforce their rights.

The Society urged the new government to bring back legal aid for early legal advice in housing and family matters and to increase the legal aid means tests thresholds.

It also called for criminal legal aid fees to be raised – with a guarantee that there would be no future real terms cuts.

Charlotte Parkinson, chair of the Junior Lawyers Division (JLD), also said it is of the utmost importance that the new Government puts the future of our justice system firmly on the agenda.

She commented: “Cuts to legal aid over many years has resulted in a significant shortage of criminal lawyers and duty solicitors, as well as legal aid firms, as a career in criminal law is becoming unsustainable for the next generation of lawyers”.

She comments that this is having and will continue to have “a significant impact on individuals who cannot afford to pay to have access to justice”.

The proposed flexible working court opening hours is part of the previous government’s effort to deal with the backlog crisis.

But the JLD says this will have a more negative impact on junior lawyers, as well as those with caring responsibilities, than any other demographic in the profession “because its members will be the ones expected to attend the early and or late hearings”.

Brexit

The Conservative Party’s mantra “get Brexit done” was given a clear mandate by the electorate, and the Society reiterates it earlier calls for a future UK/EU relationship to allow lawyers to carry on practising and basing themselves in the EU.

There is concern that without a comprehensive deal, UK lawyers and firms could be operating after Brexit under 31 different national regulatory systems across the EU and the European Free Trade Association (EFTA), “hitting their ability to represent their clients effectively”.

Greene called on the new government “to ensure mutual market access for lawyers across the EU” to preserve the legal sector’s strong economic contribution to UK plc after Brexit.