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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.Ìý

 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. Ìý

 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. Ìý

 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. Ìý

Module syllabusÌý

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

  • Access to Justice in Critical ContextÌý

  • Legal Services and Legal Aid ProvisionÌý

  • Social Welfare and Provision of Legal HelpÌý

  • Relationships between Health and LawÌý

  • Health Justice Partnerships in PracticeÌý

  • Challenging Institutions and Access to JusticeÌý

  • Challenges faced by the Criminal Justice SystemÌý

  • Vulnerability and Access to JusticeÌý

  • Pro Bono and Litigants in PersonÌý

  • Digital justiceÌýÌý

Recommended materialsÌý

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

Preliminary readingÌý

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

Legal Services Board, (2014), online: ÌýÌý

OECD (2019) Equal Access to Justice for Inclusive Growth: Putting People at theÌýÌýCentre, OECD Publishing, Paris online:  Ìý

Denvir C & others, We are Legal Aid, Findings from the 2021 Legal aid Census, LAPG, March 2022, online: Ìý

Genn H, Beardon S. (2021) Law for health: Using free legal services to tackle the social determinants of health. ¹û¶³Ó°Ôº, online: Ìý

Legal Services Board, Vulnerabilities consumers face when using legal services, June 2022, online: Ìý

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 WelfareÌýand Family Law, online:  

Key information

Module details
Credit value:22.5 credits (225 learning hours)
Convenor:Dr Karen Nokes, Ms Sonia Kalsi
Other Teachers:Professor Dame Hazel Genn, Ms Rachel Knowles, Dr Sarah Beardon
Teaching Delivery:10 x 2 Hour Weekly Seminar, Term One
Who may enrol:LLM Students Only
Prerequisites:None
Must not be taken with:None
Qualifying module for:LLM in Law and Social Justice;
LLM in Human Rights Law;
LLM in Public Law
Assessment
Practice Assessment:TBD
Final Assessment:3,000 Word Essay (100%)