Blog

The Impact of Fees in the Tribunal

Michael Ford - 22nd September 2014

Fees for bringing claims in the employment tribunal were introduced in August 2013. Since then, the Ministry of Justice’s statistics have revealed a huge decline in the number of claims. The latest statistics, available here, continue the depressing trend of early figures, and undermine any argument that the earlier statistics were unreliable. A comparison of claims […]

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Where will the US go after Kiobel?

Lucia Berro - 19th September 2014

Last year, the landmark US Supreme Court decision of Kiobel held that the presumption against extraterritorial application of US law applies to the Alien Tort Statute (“ATS”) (see previous OxHRH posts here). This was significant as the ATS potentially opens US federal courts to claims by non-US citizens harmed by violations of “the law of […]

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Clinical Legal Education as an Access to Justice Innovation

Gráinne McKeever - 12th September 2014

Imagine you got grant funding to develop an access to justice research agenda. Your grant application proposes the appointment of a team of law graduates to conduct research within a particular advice organisation: to talk to all the clients who come for advice; to understand why, when and how clients seek legal help; to see the […]

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Presumptive Costs Orders: A Threat to Public Interest Interventions (Part II)

Daniel McCredden - 25th July 2014

In a previous post, I reviewed the terms of the Government’s proposed new costs rule for interventions (cl 67, Criminal Justice and Courts Bill), and queried the Government’s characterization of interventions and the purpose they serve. It is worth exploring this a little further, particularly the public interest in good adjudication I touched upon previously. […]

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The Irrelevance of Residence: The Unlawful ‘Residence Test’ for Legal Aid

Daniel Cashman - 16th July 2014

In R (Public Law Project) v Secretary of State for Justice, the Administrative Court held that the Government’s proposed residence test for legal aid was ultra vires and discriminatory. The judgment serves as a welcome criticism of the sweeping justifications adopted by the Government in the name of austerity. The Legal Aid, Sentencing and Punishment […]

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European Legal Aid in a Domestic Framework – Part Two

Alexander Thompson - 26th June 2014

As hinted in yesterday’s post, under section 4 of LASPO, The Lord Chancellor provided guidance on how to decide exceptional case funding applications made to the Legal Aid Agency. The lawfulness of that guidance was open to judicial review on the basis that it was ultra vires, having misinterpreted the right answer to the three […]

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A European Right to Legal Aid? Part One

Alexander Thompson - 25th June 2014

A key aspect of the Government’s reform agenda regarding civil legal aid is the restriction, set out in Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’), of legal aid to certain categories of claim. In particular, nearly all areas of immigration law work were removed from the eligibility for […]

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Partially Clandestine Criminal Trials Risk Standardising Secrecy

Natasha Holcroft-Emmess - 15th June 2014

In a decision handed down 4 June 2014, the UK Court of Appeal addressed the issue of secrecy in criminal trials on the grounds of national security. UK Government Ministers requested that a criminal trial be conducted entirely behind closed doors and the defendants anonymised. The trial judge acquiesced to the request, but the Court […]

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The London Legal Walk: 10 Successful Years

Katie-Elizabeth Walmsley - 13th June 2014

The London Legal Support Trust (LLST) works to support law centres and legal advice agencies in London and the South East by providing them with grant funding alongside other forms of support. The London Legal Walk is the biggest event in the LLST’s calendar, the walk raises much needed funds for charities that provide free […]

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Public Interest Lawyering in Times of Austerity

Natasha Holcroft-Emmess - 28th May 2014

On 24 May 2014, to mark its 14th anniversary, Oxford Pro Bono Publico presented a symposium on the importance of, and challenges to, the practice of contemporary public interest litigation. The symposium benefitted from a vibrant dialogue between prominent practitioners and academics. One of the panel discussions centred upon the impact of austerity on public […]

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Right to Protest: Developments at the Inter-American and UN Systems

Juana Kweitel - 7th May 2014

On Friday, 28 March 2014, there was a thematic hearing about the repression of social protests in Brazil at the Organization of American States (OAS)’s Inter-American Commission on Human Rights (IACHR) and the UN Human Rights Council (HRC) adopted a resolution on the same issue. The IACHR is a non-political body, whereas the HRC is […]

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