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Professor Maurice Sunkin's research on judicial review (JR) has established a comprehensive independent evidence base on the use, impact and operation of JR in England and Wales. This research has been used to inform policy debate, in some instances influencing policy decisions. The research was seminal to 2009 reforms enabling regional access to JR and has influenced the work of the English Law Commission, the Review of Civil Courts in Scotland and Lord Justice Jackson's report on Costs in Civil Litigation. Most recently it has informed multiple responses to the UK Government's proposals to reform JR and legal aid, and influenced the Ministry of Justice's report on those responses.
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.
Olowofoyeku's research on judicial accountability challenges long-established norms in the Anglo- American legal traditions. These challenges have been recognised by judicial authorities at the highest levels and have influenced and informed practitioner and judicial debates on the matter. While no changes have yet been made to the law as a result of this research, the limits of the current principles, as highlighted in Olowofoyeku's research, particularly in respect of the flaws of the common law construct of the informed observer, have been confronted and recognised by judges in their decisions, and also by practitioners.
Masson's three linked studies of the operation of child protection proceedings led to changes in the ways in which the courts handle the 10,500 care proceedings annually concerning around 18,000 children in England and Wales. The findings from the research have directly impacted in three ways: on the Family Justice Review as well as the design and implementation of the 2013 reforms to care proceedings to reduce their cost and duration; through changes in local authority pre-proceedings practice; and on the better collation of statistics concerning care proceedings by court administrative staff. The research made an important contribution to the reduction in the average length of such proceedings from 55 weeks to 37 weeks between 2011 and 2013
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.
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.
Paths to Justice is a landmark body of survey research that has provided critical data on the public experience of the justice system and transformed understanding of and government policy on the legal needs of citizens. Its impact has been both national and international, and it has led to:
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.
Judicial studies is a new research field in the UK and operates in the highly confidential arena of judicial policy and practice, where the impact of research in producing change is often not publicly stated. But pioneering empirical work by UCL's Judicial Institute (UCLJI) and Centre for International Courts and Tribunals (CICT) has had tangible and acknowledged impacts on judicial selection and training policies and practices in the UK, Europe and at the international court level. The research impacts include:
This case-study is based on research conducted by Professor Francis at Keele University which provides insights into three crucial aspects of social mobility and access to the legal professions: legal executives, part-time law students, and legal work experience. This work has made a significant contribution to practitioner debate, practitioner practice and policy change. Key impacts of this research have been the promotion of debates within the legal profession around diversity which has led both to a much wider professional and government awareness of these issues in the UK, and the development of policies and schemes to address such issues.