Access to Justice: Theory and Practice (LAWS0321)

This module explores contemporary issues concerning access to legal advice, representation and ‘justice’ within the legal system.

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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, and how unmet legal need can exacerbate social and economic inequalities and impact health and wellbeing. 

 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 improving access to justice including health justice partnerships and the increased use of digital justice.  

 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. The module is taught by a range of tutors to expose students to different disciplinary perspectives. 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 collective 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 social, economic and policy impacts and other key legal challenges. While the course will have a strong focus on England and Wales, we will touch on 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 

• Legal Services and Legal Aid Provision 

• Social Welfare and Provision of Legal Help 

• Relationships between Health and Law 

• Health Justice Partnerships in Practice 

• Challenging Institutions and Access to Justice 

• Challenges faced by the Criminal Justice System 

• Vulnerability and Access to Justice 

• Pro Bono and Litigants in Person 

• Digital justice  

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 

Pleasence P and Balmer N, How People Resolve ‘Legal’ Problems, A Report to the  

Legal Services Board, (2014), online: https://bit.ly/3olwTa5  

OECD (2019) Equal Access to Justice for Inclusive Growth: Putting People at the  Centre, OECD Publishing, Paris online: https://bit.ly/3C3GwUj  

Denvir C & others, We are Legal Aid, Findings from the 2021 Legal aid Census, LAPG, March 2022, online: https://bit.ly/3RjfxZw 

Genn H, Beardon S. (2021) Law for health: Using free legal services to tackle the social determinants of health. University College London, online: https://bit.ly/40OaCFE 

Legal Services Board, Vulnerabilities consumers face when using legal services, June 2022, online: https://bit.ly/3JYuyzP 

Mulcahy L and Tsalapatanis A (2022) Exclusion in the interests of inclusion: who should stay offline in the emerging world of online justice?, Journal of Social Welfare and Family Law, online: https://www.tandfonline.com/doi/full/10.1080/09649069.2022.2136713 

Key information