“The future looks bleak for the English legal system. With cuts to legal funding; the vote to leave the EU and the potential removal of the Human Rights Act 1998 from our domestic system, the UK seems to be taking 3 steps back and no steps forward.”

Critically discuss this statement in light of recent and potential changes to the English legal system.

This question allows a student to really get to grips with some of the most recent changes to the ELS. Please note, however, that the question gives three examples which students can consider in their answer. This question is very challenging given that opinions are polarised as to the best option for the United Kingdom and would require a significant amount of research for the student to undertake.

Don’t forget that in answering this question you can disagree with the statement if you believe that leaving the EU or removing the Human Rights Act 1998 is a good thing for our English Legal System. Of course, any answer you provide will have to be rationalised and considered in full.

Students may discuss:

1. Decision to leave the EU. What will be effect of this on the single market; on trade deals; on the free movement of goods and persons, etc.? Will our rights be curtailed by Brexit or will Brexit bring about a new landscape of the EU which the UK can join as an independent country? There is a lot to consider here and students need to be careful to not rush over matters.
2. Removal of the Human Rights Act. Will human rights be protected to the same, or to a better, extent? Students should consider what the government has in mind in relation to the Bill of Rights and how that compares with the HRA 1998. Students should consider the effect of the ECtHR on domestic case law and whether it is appropriate to remove the HRA 1998 to reflect this.
3. Cuts in legal aid. As a result of LASPO 2012, cuts in legal aid are high. The majority of cases formerly covered by legal aid, such as employment cases and tortious claims are now no longer available to the ill-funded individual. Consider whether this is lawful or even appropriate in a modern day society. Keep an eye on statements from the Lord Chancellor relating to legal aid and look out for the back fire from the profession on the matter also.

Those three points are a useful start for your research – especially given that they feature in the question. Matters you may also be interested in include:

1. The change in qualification for legal professionals – specifically solicitors by the introduction of the Solicitors Qualifying Examination (SQE) in 2020. Consider the effects of the SQE, the possible advantages and disadvantages that the SQE may have to offer and the reception of the profession to the SRA’s proposals.
2. The increased use of technology in courts. Students may look into LJ Briggs review of the Online Court and consider whether that will improve access to the justice, and justice itself. Students may consider the advantages and disadvantages of using technology to a great extent and whether England and Wales are adopting the correct approach by focusing our efforts on technology.