After Universalism Re-engineering Access to Justice

by Moorhead, Richard; Pleasence, Pascoe

• ISBN13: 9781405112475
• ISBN10: 1405112476
• Edition: 1st
• Format: Paperback
• Copyright: 2003-06-02
• Publisher: Wiley-Blackwell

Summary

As state spending on legal services has come under pressure, so too has state commitment to equal access to justice. This volume brings together experts from around the world to look at what happens when the notion that justice should be available to everyone, regardless of means, is challenged. Explores the impact that increasing pressure on state spending onlegal services, and lower universal welfare provision have on the concept of "justice for all". Draws together original research from leading contributors to debates about access to justice from Australia, the United States and Europe. Covers unrepresented litigants, public defenders, self-help legal services, state- and market-based alternatives to legal aid, and the adaptation of common law court procedures to aboriginal culture, among other topics. Emphasises the tensions between efficiency, equality and justice. Published in association with the prestigious Journal of Law & Society.

Author Biography

Richard Moorhead is Senior Research Fellow in the Institute of Advanced Legal Studies at Cardiff Law School. He is the co-author of More Civil Justice? The Impact of the Woolf Reforms on Pre-action Behaviour (2001), Quality and Cost: The Contracting of Civil, Non-Family Advice and Assistance Pilot (2001), Pioneers in Practice: The Community Legal Service Pioneer Partnership Research Project (2000) and Willing Blindness? OSS Complaints Handling Procedures (1999).

Pascoe Pleasence is Head of the Legal Services Research Centre at the Legal Services Commission. He is the author or co-author of Criminal Case Profiling Study: Final Report (2001), Local Legal Need (2001), Personal Injury Litigation in Practice (1998) and Profiling Civil Litigation: The Case for Research (1996).

Table of Contents

Access to Justice after Universalism: Introduction	1	(10)
Richard Moorhead
Pascoe Pleasence
Causes of Action: First Findings of the LSRC Periodic Survey	11	(20)
Pascoe Pleasence
Hazel Genn
Negel J. Balmer
Alexy Buck
Aoife O'Grady
Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience	31	(18)
Matthias Kilian
The Swedish Legal Services Policy Remix: The Shift from Public Legal Aid to Private Legal Expense Insurance	49	(17)
Francis Regan
The Contingency Legal Aid Fund: A Third Way to Finance Personal Injury Litigation	66	(18)
David Capper
Evaluating the Scottish Public Defence Solicitors' Office	84	(18)
Tamara Goriely
Large-scale Map or the A-Z? The Place of Self-help Services in Legal Aid	102	(18)
Jeff Giddings
Michael Robertson
The Law and the Desert: Alternative Methods of Delivering Justice	120	(17)
Louise Anderson
Changing Patterns of Legal Representation in Divorce: From Lawyers to Pro Se	137	(19)
Lynn Mather
Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law	156
Rosemary Hunter