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Efficient and Effective Access to Justice

Summary of the impact

The impact relates to research carried out by Professor John Peysner, and subsequently with Dr Angus Nurse, into three linked areas of access to justice: (a) the cost of litigation, in particular fixed fees, budgeting and contingency fees; (b) the financing of claims, in particular Contingency Legal Aid Funds and Third Party Financing; and (c) forms of dispute resolution and redress. Litigation is of major importance in underpinning civil society, and as a global business, and changes in the costs and financing of it will potentially impact on all practising lawyers. The research has had impact on practice developments, government policy, and statutory and procedural rules of court, particularly in connection with the influential Lord Justice Jackson's Review of Litigation Costs(2009). The impact has been at a national and international level.

Submitting Institution

University of Lincoln

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

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 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

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

Determining the Costs of Civil Litigation

Summary of the impact

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.

Submitting Institution

University of Nottingham

Unit of Assessment

Business and Management Studies

Summary Impact Type

Legal

Research Subject Area(s)

Economics: Applied Economics
Law and Legal Studies: Law

The Regionalisation of Public Law

Summary of the impact

Bangor Law School's research into the work of the Administrative Court and the regional market for legal services in public law has challenged the orthodox view that public law is the preserve of London. It has; 1. Provided evidence that regional Administrative Courts are at least equal to the Royal Courts of Justice in terms of their service to users. 2. Influenced the National Assembly for Wales in assessing the case for establishing a separate legal jurisdiction. 3. Influenced solicitors' instruction patterns in the English regions and Wales, leading to the direction of more work to regional courts and more local solicitors instructing local counsel. 4. Informed national debate about the constitutional role of judicial review. 5. Influenced the Administrative Court/ Public Law Project in developing training opportunities outside London.

Submitting Institution

Bangor University

Unit of Assessment

Law

Summary Impact Type

Legal

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

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

The Use and Effects of Judicial Review in the UK

Summary of the impact

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.

Submitting Institution

University of Essex

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Inspecting the Criminal Justice System

Summary of the impact

This case study describes the impact that has arisen from an extended research project carried out by Professor Shute, since 2009, on inspection of the main criminal justice agencies — police, prosecution, courts, prisons and probation — in the United Kingdom. The impact of the research has been at a number of levels: the development by ministers and senior civil servants of high- level strategy concerning criminal justice inspection; the translation of that strategy into inspection policy; and the conversion of inspection policy into inspection practice. Specific changes include: developing a risk-based approach; inspecting the use of the person escort record; and inspecting corruption in prisons.

Submitting Institution

University of Sussex

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Criminology, Policy and Administration
Law and Legal Studies: Law

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