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Diversity in the Legal Profession

Summary of the impact

Findings from research by Webley, Duff et al. commissioned by the Legal Services Board (LSB) has led the oversight legal regulator, the LSB, to introduce compulsory diversity monitoring and reporting in all law firms and barristers chambers so as to capture the demographic and diversity profile of lawyers and their staff at all levels and in all sectors of the legal services market. Previously there was no requirement that legal employers collect diversity data on their staff and no requirement that this be made available to regulators. The Legal Services Act 2007 provides the LSB with the power to ensure the diversity of the legal profession; the LSB has indicated that it will use its power to require frontline legal profession regulators to remedy diversity problems within firms and chambers, where they persist over time. Consequently, our research findings have led to the introduction of a data collection tool that has the potential to change the demographic make- up of the legal profession over time.

Submitting Institution

University of Westminster

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Access to Justice Through Education: Building a Law Clinic Culture in the UK and Beyond

Summary of the impact

The pedagogic research undertaken by the School of Law has produced an ambitious and innovative model of clinical legal education: the in-house live client model, which offers a university-based free legal service offering full representation to private clients and NGOs in the form of the Student Law Office. The Student Law Office integrates supervised legal service in the law curriculum, thereby delivering free access to justice to the wider community whilst benefiting the learning environment. Impact is three-fold:

  1. a major contribution to voluntary legal services in a region with high social deprivation: over 1,000 clients secured access to justice and over £840,000 of compensation has been recovered for clients;
  2. a national and world leading role influencing the legal profession, regulators and policy makers; and
  3. building the capacity of law clinics in other HEIs to provide a free legal service.

Submitting Institution

Northumbria University Newcastle

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Education: Curriculum and Pedagogy, Specialist Studies In Education
Law and Legal Studies: Law

Shaping the debate on cuts in Legal Aid funding

Summary of the impact

By exploring the social and economic effects of cuts in funding for legal aid, this research directly influenced legislation aimed at preserving legal aid for welfare benefit appeals. This was a major victory for campaigners who cited the research to lobby against cuts proposed by the 2011 Legal Aid Bill. The research informed a proposed House of Lords amendment to the Bill. Although the amendment was turned back by the House of Commons, welfare benefit appeals on points of law were discussed during the second reading and retained within the scope of legal aid funding.

Submitting Institution

London School of Economics & Political Science

Unit of Assessment

Anthropology and Development Studies

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Governance, Legal Reform and Access to Justice

Summary of the impact

Professor Faundez's research has set out how legal reform projects should be designed and implemented in order to be successful in the context of existing local conditions and to ensure access to justice for indigenous peoples and other vulnerable groups. His work as policy advisor both to development agencies (the World Bank, the UK's Department for International Development (DFID), and the Inter-American Development Bank) and to Non- Governmental Organisations (NGOs) (Amnesty International, the World Justice Project) has helped these organisations broaden their approach to the design, implementation and evaluation of legal reform projects. The range of his publications - from academic articles to specially commissioned reports - has ensured a fruitful dialogue with practitioners in the field of law and governance.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Enhancing understanding of Shariah family law in England and Wales

Summary of the impact

Research carried out by the University of Reading's Dr Samia Bano (Lecturer 2005-2013) explored the experiences of Muslim women who engage with the law, and particularly their engagement with Shariah law. This research had an impact on the decisions and understandings of government policymakers via a subsequent investigation and written report commissioned by and produced for the UK Ministry of Justice (MoJ). This project looked particularly at the realities of the use of Shariah Councils in England and Wales to handle family-related disputes, and provided hitherto unavailable insights into a relatively unknown area of practice, enabling policymakers and other stakeholders to engage with this issue in a more informed manner.

Submitting Institution

University of Reading

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: Religion and Religious Studies

Monitoring quality to raise standards of legal practice within the Legal Aid system in the UK

Summary of the impact

The impact of a research programme into quality assessment measures for publicly funded legal services has been the establishment of a peer review programme for all civil and criminal lawyers operating in Scotland, England and Wales. This programme has ensured that the quality of service provided by legal aid lawyers in Scotland is consistently high, with only 10% of providers failing routine reviews. Moreover, the errors that do emerge are primarily administrative failings rather than poor legal advice. The Scottish model has been the basis for pilot projects in the Netherlands, Finland and Moldova, and has been drawn on for a peer review programme for all Dutch notaries.

Submitting Institution

University of Strathclyde

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Successful Introduction of a new non-statutory rule of disclosure for Trustee Exemption Clauses

Summary of the impact

In 2010 the Ministry of Justice formally accepted recommendations by the Law Commission to introduce a new non-statutory rule of disclosure for trustee exemption clauses in England and Wales. Newcastle research had a direct impact upon the development of the law on trustee exemption clauses. In 2002 Dunn successfully tendered to undertake research on trustee exemption clauses in England and Wales on behalf of the Law Commission. Dunn's research was published by the Law Commission as a separate and distinct chapter of its consultation paper on trustee exemption clauses. The research (alongside consultation responses) influenced the Law Commission's recommendation that a non-statutory rule of disclosure be introduced into the law of England and Wales. This recommendation was accepted by the Government in 2010 and has been implemented by the trust industry.

Submitting Institution

Newcastle University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Cohabitation, marriage and the law: informing and influencing policy debates on legal reform in a changing society

Summary of the impact

Research undertaken by Barlow at Exeter into cohabitation, marriage and the law has shaped, informed and influenced long-running public and policy debates in Britain over the need to reform aspects of family (property) law, in light of widespread public confusion and on-going societal shifts. The research findings on attitudes to cohabitation and marriage, community of property and pre-nuptial agreements and the law, each cited in public consultation papers and reports advocating reform, have influenced the Law Commission and judiciary in the UK and informed German policymakers. The cohabitation research in particular has-

  • shaped public information and legal advice;
  • informed and stimulated high-profile law reform lobbying campaigns and media debates;
  • strongly influenced Law Commission legislative proposals on cohabitant intestacy, and
  • shaped national policy in use by government to oppose reform in parliamentary debates.

Submitting Institution

University of Exeter

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Studies In Human Society: Demography
Law and Legal Studies: Law

Ensuring that the interests of the UK are considered when courts affect the law of a British Overseas Territory

Summary of the impact

Professor John Finnis has been engaged in a programme of research in legal and constitutional theory. His work on the legal and political responsibilities of UK ministers when acting to affect the law of a British Overseas Territory played a pivotal role in the decision of the House of Lords to reverse the Court of Appeal`s interpretation of the Colonial Laws Validity Act 1865 (CVLA). The Court of Appeal had held that UK ministers could not properly legislate in the interests of the UK as a whole (including its dependent territories), but only in the interests of the particular territory itself. Relying on Finnis`s arguments, the House of Lords changed that precept. Finnis`s work also persuaded members of the House of Lords to express doubts about a central holding of an earlier decision, which concerned the capacity in which ministers acted in legislating in dependent territories. Finnis`s arguments have been relied on in legal argument in later cases, and have been recognised and reaffirmed in subsequent Court of Appeal and Supreme Court judgments. In this way, they have helped to change fundamental constitutional principles affecting not only all citizens in the UK, but also those in its Overseas Territories around the world.

Submitting Institution

University of Oxford

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Political Science
Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Blasphemy Laws and their repeal

Summary of the impact

Professor David Nash defines blasphemy as the `attacking, wounding and damaging of religious beliefs'. His research into the history of blasphemy has been widely consulted and has highlighted the significant importance of the subject in the contemporary world. This has led to the re- examining of the law and arguments for repeal. He has been pro-actively involved in the debate about blasphemy repeal in England for some time prior to 2008 and also as an active consultant in the Irish Republic, advising NGO's and speaking on their behalf to members of Parliament, international bodies after this date. He also liaised with the United Nations Special Rapporteur on Freedom of Religion and was nominated to sit on the Irish Government's constitutional convention to consider the matter.

Submitting Institution

Oxford Brookes University

Unit of Assessment

History

Summary Impact Type

Cultural

Research Subject Area(s)

Law and Legal Studies: Law
History and Archaeology: Historical Studies

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