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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

Assisted dying: legal change, the slippery slope and regulatory safeguards

Summary of the impact

Whether assisted dying should be legalised is often treated as an ethical question transcending national boundaries and legal systems. Work in this field is dominated by partisan exhortation by proponents or opponents of legalisation. Professor Lewis's comparative research on legal change on assisted dying highlights the central importance of the choice of legal route in shaping regulatory regimes, evaluates the impact of legalisation on non-voluntary euthanasia (the `slippery slope' argument) and assesses the effectiveness of regulation in permissive jurisdictions. Her critique of the unsatisfactory legal position in the UK coupled with expert interventions, have shaped and informed policy debate, and directly influenced the campaign to legalise assisted suicide and ongoing judicial challenges to the current position. Elsewhere, her work has directly contributed to legal change in Canada and a Bill in Australia.

Submitting Institution

King's College London

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law

Widening Access to the Legal Profession and Improving Social Mobility

Summary of the impact

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.

Submitting Institution

Keele University

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

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

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

Strengthening the Capacity of National and International Criminal Justice Institutions

Summary of the impact

The capacity of national and international criminal justice institutions to investigate and prosecute the most serious international crimes has been significantly strengthened as a result of Professor Bekou's research. They gain, through `legal tools', universal access to legal information and to analytical legal frameworks which facilitate the efficient and effective administration of international criminal justice. By offering access to knowledge, skills and expertise, the International Criminal Court as well as States, e.g. the Democratic Republic of the Congo (DRC) and Sierra Leone are empowered to overcome the key challenges restricting their ability and capacity to pursue justice for atrocities.

Submitting Institution

University of Nottingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

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

Improving remedy design in merger control for the benefit of consumers

Summary of the impact

Competition authorities (CAs) often regulate mergers through the imposition of remedies. The research conducted by Lyons and Davies shows that the conventional emphasis on structural remedies does not adequately safeguard consumers' interests. Their recommendations have been adopted by CAs and are now enshrined in revised guidelines on merger remedies used by the European Commission and the UK Competition Commission. Their research was instrumental in changing guidelines published in 2008 on licensing agreements used in mergers involving IP Rights, and drawing attention to the necessary conditions for effective behavioural remedies. This has, for example, enabled consumer access to pharmaceuticals at lower prices.

Submitting Institution

University of East Anglia

Unit of Assessment

Economics and Econometrics

Summary Impact Type

Political

Research Subject Area(s)

Economics: Economic Theory, Applied Economics

Improving the quality of criminal defence lawyering & the protection of accused persons

Summary of the impact

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.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

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

Shaping The Legal and Policy Landscape for Charities

Summary of the impact

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:

  • A new legal framework to regulate the way that charity mergers take place.
  • The development of a new legal structure that meets the needs of charities.
  • Directly influencing policy debate and the on-going legal reform that will improve access, increase participation and lower costs of using the Charity Tribunal.
  • The adoption of recommendations that both highlight the benefits of Alternative Dispute Resolution and recommend its use.

Submitting Institution

University of Liverpool

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law

Reshaping policy and practice on citizens’ access to justice in the UK and around the world

Summary of the impact

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:

  • 22 large-scale replications of the survey in 14 jurisdictions;
  • Prioritisation of legal aid spending to meet evidence-based needs;
  • Creation of legal aid services adapted to citizens' needs;
  • Understanding of the impact of lack of access to justice on health and social well-being;
  • Implementation of public legal education (PLE) initiatives;
  • Evidence-based public discourse about the value of legal aid in times of austerity.

Submitting Institution

University College London

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

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

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