Third edition. - Oxford, United Kingdom ; New York, NY : Oxford University Press, 2017.
Book — xli, 312 pages ; 25 cm
Pre-charge and investigation
Forums for raising abuse of process
Non-availability of evidence
Unfair conduct and abuse of executive power
Ability to participate in criminal proceedings
Confiscation proceedings and civil recovery
Tactical and procedural considerations.
The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance. The third edition covers all recent important case law decisions, updating specific topic areas: * Case management (R v Boardman  EWCA Crim 175) * Post-trial abuse (Tague  EWHC 3576(Admin)) * Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott  UKSC 32) * Linked civil proceedings (Clayton  2 Cr App R 20) * Disclosure Herbert Austin  EWCA Crim 1028, (S)D and S(T)  2 Cr.App.R.2 7) * Entrapment (Wilson v The Queen  NZSC 189) and Palmer  Crim L R 153) * Delay and serious specific prejudice to a fair trial (R  EWCA Crim 1941) * Destruction and retention of evidence (DPP v Petrie  EWCA 48 (Admin); Spalluto  EWHC 2211 (Admin) * Local authority prosecutions (Clayton  EWCA Crim 1030) * Special measures (OP  EWHC 1944 (Admin) * Legal representation (Crawley  EWCA Crim 1028). (source: Nielsen Book Data)
Houndmills, Basingstoke, Hampshire ; New York, NY : Palgrave Macmillan, 2014.
Book — vi, 190 pages ; 23 cm
The development of funding
The theoretical context
The access to justice movement
Legal aid, conditional fees and labour
The policy process : replacing legal aid by recoverability
Where did the recoverability policy come from?
Economic psychological insights into the process of claiming and agreeing damages and costs
The cost war and its casualties : frogs and temperature
Could it have been different? : an alternative evidence-based approach
A suggested approach - The future of funding : Jackson
Conclusion.: Evidence-based policy and civil justice reform.
Access to Justice addresses a remarkable experiment in the funding of money damage claims - largely personal injury claims - which began in 2000 and which the Government effectively abolished in 2013. The model - recoverable conditional fees - adopted by the incoming New Labour administration was unique and, for reasons that the book explains, it has remained so. This book is based on a review of published material, the author's own view as a 'participant' in the process and anonymised semi structured interviews with other participants, from Government; claimant and defendant lawyers and litigation insurers. It covers the development, subsequent amendment and effective abolition of the model. It examines the process of policy development, the motivation and objectives of the policy makers and the reactions of the parties attempting to grapple with the new system. It asks whether a development process incorporating a range of models addressing the evidence base might have produced a better result: a workable policy based on the core of Government objectives or, possibly, an entirely different model. (source: Nielsen Book Data)
Oxford ; London : Hart Publishing, an imprint of Bloomsbury Publishing Plc ; Portland, OR : Hart Publishing, 2017.
Book — xix, 309 pages ; 24 cm
Access to justice and legal aid cuts : a mismatch of concepts in the contemporary Australian and British legal landscapes / Asher Flynn and Jacqueline Hodgson
Challenges facing the Australian legal aid system / Mary Anne Noone
Rhyme and reason in the uncertain development of legal aid in Australia / Jeff Giddings
The rise and decline of criminal legal aid in England and Wales / Tom Smith and Ed Cape
A view from the bench : a judicial perspective on legal representation, court excellence, and therapeutic jurisprudence / Pauline Spencer
Face-to-interface communication : accessing justice by video link from prison / Carolyn McKay
The rise of "DIY" law : implications for legal aid / Kathy Laster and Ryan Kornhauser
Community lawyers, law reform, and systemic change : is the end in sight? / Liana Buchanan
What if there is nowhere to get advice? / James Organ and Jennifer Sigafoos
The end of "tea and sympathy"? : the changing role of voluntary advice services in enabling access to justice? / Samuel Kirwan
Reasoning a human right to legal aid / Simon Rice
Cuts to civil legal aid and the identity crisis in lawyering : lessons from the experience of England and Wales / Natalie Byrom
Access to what? : LASPO and mediation / Rosemary Hunter, Anne Barlow, Janet Smithson, and Jan Ewing
Insights into inequality : Victorian women's access to legal aid / Pasanna Mutha-Merennege
Indigenous people and access to justice in civil and family law / Melanie Schwartz
Austerity and justice in the age of migration / Ana Aliverti.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid. (source: Nielsen Book Data)