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Research at the University of Nottingham on the costs of civil litigation has informed policy-makers and influenced the development of policy measures to control costs. As an advisor in the Jackson Review of Civil Litigation, Professor Paul Fenn assisted the development of the far-reaching reforms in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and informed changes to the Civil Procedure Rules which were introduced in April 2013. Based on the formulae calculated by Fenn, changes to the fixed recoverable costs in personal injury claims now benefit many clients and policy holders as recipients of lower fees and/or premiums.
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:
This impact case study provides details of research carried out by Dr David Whyte on the regulation of deaths and injuries caused by working. This research led directly to the introduction of new legislation in the Scottish Parliament in 2010. The research has also had a measurable influence upon policy debates in the Health and Safety Commission/Board and the UK Parliament and has provided the foundation for trade union policy on health and safety regulation. This case study draws upon inter-disciplinary knowledge in the disciplines of law, criminology, economics and business and management studies to impact upon policy development in government, the criminal justice system and the trade union sector.
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.
Professor Hodgson's empirical criminal justice research has resulted in the creation of new professional standards encouraging proactive defence lawyering and quality assessment requirements for the legal profession in England and Wales. A model of more effective defence rights, underpinned by empirical research in English, Welsh and French criminal justice, has also influenced recent developments in Scotland and in EU criminal justice; has been relied upon in extradition proceedings in the UK and Canada; and, through a study at the Criminal Cases Review Commission (CCRC), has improved legal representation of those seeking to have their cases reviewed for appeal, as well as the Commission's ability to work with defence lawyers.
The growth of online purchasing, often across borders, is increasing in tandem with the number of disputes. With the aim of increasing trust in e-commerce, the EU and the UN have acknowledged the need to promote redress mechanisms that are suited for this forum. Through his work in this area, Dr Pablo Cortés has assisted in the drafting of EU legislation that strengthens the rights of half a billion consumers in the EU by guaranteeing the availability and online access of quality alternative dispute resolution (ADR) mechanisms for settling contractual disputes between consumers and traders. The legislation, approved in 2013, ensures the availability of quality ADR schemes, which will be accessible to European complainants through an Online Dispute Resolution platform.
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.
The Charity Law and Policy Unit (part of Liverpool University Law School) has a Steering Committee which advises on research strategy. Under its guidance, research outputs produced by Barr, Morris and Warburton have had two key impacts during the assessment period. First, they directly led to an improved legislative framework for the charity sector. Second, they significantly enhanced the policy and practice underpinning the effective operation of the charity sector.
Specific impacts are:
Prof Hörnle's research into Online Dispute Resolution has had a clear impact in government policies and the drafting of legislation at international level (UNCITRAL, Organization of American States (OAS)), EU level and UK level. ODR is an extremely new field (only 10-12 years' old) and there is little expertise in the area among lawyers, government and other policymakers. The underpinning research in this case examines how cross-border commercial and consumer disputes can be solved using internet technology as an alternative to national courts. Building on existing research on Alternative Dispute Resolution (ADR), the research examined how ADR can be applied specifically in an online context and has had a significant impact on legal practitioners, policy makers and governments. This is a new field of research, and the work has been used by the European Commission to draft the first European legislation on Online Dispute Resolution (ODR) and has informed the approach taken by policy-makers in the UK to implementing this legislation. It has also critically shaped the discussion of ODR in international, regional and national organisations.
Boeger has co-produced a highly influential body of collaborative work on telecommunications regulation which had direct impact across the EU. It has led to: substantial reform of Body of European Regulators for Electronic Communications ("BEREC") and its Office's working methods; dialogue shaping across the EU Commission, European Parliament, and Member States; influenced an EU Parliament report; and has been the driver of inter-institutional pressure on BEREC and its office. In summary, the research kick-started and directly shaped the substantial changes to BEREC and its office both now and for the future, and is a key reference point. The overall aim is to improve the co-ordinated regulation of telecoms markets across the EU.