Legal aid in crisis

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Author :
Publisher : Policy Press
ISBN 13 : 1447335473
Total Pages : 96 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Legal aid in crisis by : Moore, Sarah

Download or read book Legal aid in crisis written by Moore, Sarah and published by Policy Press. This book was released on 2017-04-12 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.

Access to Justice and Legal Aid

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509900853
Total Pages : 376 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Access to Justice and Legal Aid by : Asher Flynn

Download or read book Access to Justice and Legal Aid written by Asher Flynn and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal aid reform in England and Wales

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780101807227
Total Pages : 290 pages
Book Rating : 4.8/5 (72 download)

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Book Synopsis Legal aid reform in England and Wales by : Great Britain: Ministry of Justice

Download or read book Legal aid reform in England and Wales written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-06-21 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Government response to Cm. 7967 'Proposals for reform of legal aid in England and Wales (ISBN 9780101796729) and sets out the plans to deliver the goals stated in that paper. The legal aid programme put forward includes: reform of the classes of cases and proceedings retained within the scope of legal aid; exceptional funding; amendment of merits test criteria for civil legal aid; establishment of the Community Legal Advice Telephone helpline; financial eligibility reforms; criminal remuneration; civil and family remuneration; expert fees and alternative sources of funding

Legal Aid Reform

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Publisher : The Stationery Office
ISBN 13 : 0101699328
Total Pages : 76 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Legal Aid Reform by : Great Britain: Department for Constitutional Affairs

Download or read book Legal Aid Reform written by Great Britain: Department for Constitutional Affairs and published by The Stationery Office. This book was released on 2006-11-28 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal aid system is one of the cornerstones of the post-war Welfare State, and since its creation nearly 60 years ago, it has enabled millions of people to access legal advice, support and representation; many of whom would otherwise have been denied access to justice because they could not have afforded to pay. However, the expectations and pressures faced by the legal aid system today are very different to those when it was created, and this document sets out the Government's proposals to reform the system to ensure its sustainability and effectiveness in contributing to the fight against social exclusion. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 0101659121); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006.

Access to Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849469334
Total Pages : 399 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Access to Justice by : Ellie Palmer

Download or read book Access to Justice written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Government's proposed reform of legal aid

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780215557131
Total Pages : 86 pages
Book Rating : 4.5/5 (571 download)

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Book Synopsis Government's proposed reform of legal aid by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book Government's proposed reform of legal aid written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2011-03-30 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report, the Justice Committee examines the Government's proposed reform of legal aid. The proposals are intended to reduce by £350 million a year the cost of the system (which, with expenditure of more than £2 billion annually, is one of the most expensive in the world) at a time when the Ministry of Justice has to reduce its overall spending by almost a quarter. Certain areas of law will fall outside the scope of legal aid, with some being removed in their entirety, which includes family law, though not domestic violence. The Committee is unconvinced that using domestic violence as a proxy for the most serious cases is advisable and calls on Government to look at other ways legal aid can be focussed on the most serious family law cases. The Committee does welcome the Government's support for mediation services in family cases, but does not see this as a panacea. Further work needs to be done on how difficult and unresolved cases can be dealt with if legal aid is not available. The implementation of the proposals regarding family law should not happen before the Family Justice Review Panel has produced its full report. Cost reduction is achievable through public bodies, such as the Department for Work and Pensions, getting their decisions right first time and avoiding expensive court and tribunal cases. The Committee also thinks that the Government should reconsider whether legal aid should be available for certain types of judicial review. There is a degree of consensus amongst all political parties that the cost of legal aid needs to be reduced, but it is imperative that there is a careful assessment of the impact of the proposed changes on those people most dependent on legal aid. The Government needs to refine its proposals further before introducing a major change in the way the accessibility of the justice system has come to be viewed.

Family Legal Aid Reform

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Publisher :
ISBN 13 : 9780215542793
Total Pages : 9 pages
Book Rating : 4.5/5 (427 download)

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Book Synopsis Family Legal Aid Reform by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book Family Legal Aid Reform written by Great Britain. Parliament. House of Commons. Justice Committee and published by . This book was released on 2009 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Further Government response to HCP 714, session 2008-09 (ISBN 9780215540072). An earlier response published as HC 1018, session 2008-09 (ISBN 9780215541185)

HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012

Download HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012 PDF Online Free

Author :
Publisher : The Stationery Office
ISBN 13 : 0215084063
Total Pages : 87 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012 by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012 written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015-03-12 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.

Family legal aid reform

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Author :
Publisher : Stationery Office
ISBN 13 : 9780215540072
Total Pages : 163 pages
Book Rating : 4.5/5 (4 download)

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Book Synopsis Family legal aid reform by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book Family legal aid reform written by Great Britain: Parliament: House of Commons: Justice Committee and published by Stationery Office. This book was released on 2009-07-20 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Services Commission published a consultation document, Family Legal Aid funding from 2010: a consultation in December 2008. Those proposals were part of a borader strategy for lgal aid reform outlined in July 2006 in Lord Carter's report, Legal aid - a market based approach to reform. Lord Carter's strategy was a staged move from mixed economy of fixed and graduated fees, uplifts and other add-ons and hourly rates to a market based system of competitive tendering. The interim step envisaged to be fixed fees for different types of cases. The former Constitutional Affairs Committee supported the objectives but concluded that the plans were introduced too quickly and rigidly. The Justice Committee continues to support the fundamental aims of legal aid reform but feel evidence has not been provided that the approach being taken will achieve the desired outcomes.

Delivering Family Justice in Late Modern Society in the Wake of Legal Aid Reform

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Author :
Publisher :
ISBN 13 : 9781315446288
Total Pages : pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Delivering Family Justice in Late Modern Society in the Wake of Legal Aid Reform by : Mavis Maclean

Download or read book Delivering Family Justice in Late Modern Society in the Wake of Legal Aid Reform written by Mavis Maclean and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law."--Provided by publisher.

Delivering Family Justice in the 21st Century

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782259716
Total Pages : 429 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Delivering Family Justice in the 21st Century by : Mavis Maclean

Download or read book Delivering Family Justice in the 21st Century written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.

Family Law

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Publisher : Oxford University Press
ISBN 13 : 019289353X
Total Pages : 712 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Family Law by : Ruth Lamont

Download or read book Family Law written by Ruth Lamont and published by Oxford University Press. This book was released on 2022-03-11 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.

HC 808 - Implementing Reforms to Civil Legal Aid

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Publisher : The Stationery Office
ISBN 13 : 0215081234
Total Pages : 28 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 808 - Implementing Reforms to Civil Legal Aid by : Great Britain. Parliament. House of Commons. Committee of Public Accounts

Download or read book HC 808 - Implementing Reforms to Civil Legal Aid written by Great Britain. Parliament. House of Commons. Committee of Public Accounts and published by The Stationery Office. This book was released on 2015-02-04 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ministry of Justice is on track to make a significant and rapid reduction to the amount that it spends on civil legal aid. However, it introduced major changes on the basis of no evidence in many areas, and without making good use of the evidence that it did have in other areas. It has been slow to fill the considerable gaps in its understanding, and has not properly assessed the full impact of the reforms. Almost two years after the reforms, the Ministry is still playing catch up: it does not know if those still eligible are able to access legal aid; and it does not understand the link between the price it pays for legal aid and the quality of advice being given. Moreover, the Ministry's approach to implementing the reforms has inhibited access to mediation for family law cases which can be a cost-effective alternative to court for resolving disputes. Amazingly, it failed to foresee that removing legal aid funding for solicitors would reduce the number of referrals to family mediation. Perhaps most worryingly of all, it does not understand, and has shown little interest in, the knock-on costs of its reforms across the public sector. It therefore does not know whether the projected £300 million spending reduction in its own budget is outweighed by additional costs elsewhere. The Department therefore does not know whether the savings in the civil legal aid budget represent value for money

Implementation of the Carter Review of Legal Aid

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Publisher : The Stationery Office
ISBN 13 : 9780215033765
Total Pages : 104 pages
Book Rating : 4.0/5 (337 download)

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Book Synopsis Implementation of the Carter Review of Legal Aid by : Great Britain: Parliament: House of Commons: Constitutional Affairs Committee

Download or read book Implementation of the Carter Review of Legal Aid written by Great Britain: Parliament: House of Commons: Constitutional Affairs Committee and published by The Stationery Office. This book was released on 2007-05 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the Government's proposals for radical reform of the Legal Aid system, as set out in the Government's White Paper (Cm. 6993, ISBN 9780101699327) published in November 2006. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 9780101659123); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006. The Government plans to change the basis on which Legal Aid is to be procured by introducing a transitional system of fixed and graduated fees for cases (rather than payment on an hourly basis as is the practice now in many areas of legal aid work) as a way of preparing for full competitive tendering for Legal Aid contracts by solicitors. Overall, the Committee finds that while it supports the fundamental aims of the reforms and recognises that there is an urgent necessity to limit Legal Aid expenditure, the Government has introduced these plans too quickly, in too rigid a way and with insufficient evidence.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Reform of the Family Division of the District of Columbia Superior Court

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Author :
Publisher :
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reform of the Family Division of the District of Columbia Superior Court by : United States. Congress. House. Committee on Government Reform. Subcommittee on the District of Columbia

Download or read book Reform of the Family Division of the District of Columbia Superior Court written by United States. Congress. House. Committee on Government Reform. Subcommittee on the District of Columbia and published by . This book was released on 2001 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law in a Complex State

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Author :
Publisher : A&C Black
ISBN 13 : 1782252754
Total Pages : 260 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law in a Complex State by : Neville Harris

Download or read book Law in a Complex State written by Neville Harris and published by A&C Black. This book was released on 2014-07-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.