Access to Justice: Theory and Practice (LAWS0321)

This module explores contemporary issues concerning access legal advice, representation and ‘justice’, including detailed examination of the impacts of Covid-19 on the delivery of justice.

YouTube Widget Placeholderhttps://www.youtube.com/watch?v=i3VxTS0x8JA&list=PLu5fzN_S4dA1iwG9XGCyVO...

The LLM Access to Justice module explores contemporary issues concerning public access to legal advice, representation and ‘justice’ within the legal system and the role of access to justice in mitigating inequalities and promoting social justice. We will explore the principle of access to justice as central to the rule of law, how unmet legal need can exacerbate inequalities, and how Covid-19 has impacted access to justice issues. 

Students will engage with research on the challenges faced by underserved, disadvantaged and vulnerable groups in accessing and benefiting from legal services as a result of lack of knowledge about rights and entitlements, inability to pay for legal services, and decreasing supply of free sources of advice and representation. We will consider the funding of legal advice and representation and reflect on moves towards the increased use of digital justice in the light of Covid-19. 

Focusing on ‘law in action’ rather than ‘law in the books’, the course adopts an interdisciplinary approach drawing on the Faculty’s world-leading research and the work of its Centre for Access to Justice. It demonstrates the connections between legal, social and health problems, the obstacles to getting legal advice and the use of law for both individual rights and institutional challenge in its exploration of what is needed to ensure effective access to justice. 

Students will explore leading empirical research in the field as well as practical examples of Covid-19 related impacts and other key legal challenges. While the course will have a strong focus on England and Wales, there will be some comparative components with other jurisdictions and international sources such as the OECD and the United National Sustainable Development Goal 16. 

Module syllabus

The module syllabus is subject to change. Indicative module topics include:

• Access to Justice in Critical Context
• The Theoretical Framework for Access to Justice
• Legal Services and Legal Aid Provision
• Funding Access to Justice
• Mechanisms for Institutional Challenge
• Challenges faced by the Criminal Justice System
• Social Welfare and Access to Justice
• Invisible Disability and Access to Justice
• Digital justice and Covid-19
• The Future of Access to Justice and Legal Practice

Recommended materials

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading

• James Organ and Jennifer Sigafoos, The Impact of LASPO on Routes to Justice, Equality and Human Rights Commission (2018) available at: https://www.equalityhumanrights.com/sites/default/files/the-impact-of-la...
• Natalie Byrom (2019) Developing the Detail: Evaluating the Impact of Court Reform in England & Wales on Access to Justice available at: https://research.thelegaleducationfoundation.org/wp-content/uploads/2019/02/Developing-the-Detail-Evaluating-the-Impact-of-Court-Reform-in-England-and-Wales-on-Access-to-Justice-FINAL.pdf
• Civil Justice Council (June 2020), The Impact of COVID-19 Measures on The Civil Justice System, available at:

https://www.judiciary.uk/wp-content/uploads/2020/06/CJC-Rapid-Review-Final-Report-f.pdf;

• Constitutional implications of Covid-19 on the Courts and Justice System (June 2020), available at:

https://www.parliamentlive.tv/Event/Index/0f0810d1-9489-4506-9108-139f6d... 

• OECD/World Justice Project White Paper (2020). Building a Business Case for Access to Justice available at:

https://www.oecd.org/gov/building-a-business-case-for-access-to-justice.pdf

Key information