Access to Justice Act 1999
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| Access to Justice Act 1999 | |
|---|---|
 Sodacan · CC BY-SA 3.0 · source | |
| Title | Access to Justice Act 1999 |
| Enacted by | Parliament of the United Kingdom |
| Territorial extent | England and Wales |
| Royal assent | 1999 |
| Status | Amended |
Access to Justice Act 1999 is an Act of the Parliament of the United Kingdom that reformed legal aid and established structures for civil procedure and administration of justice in England and Wales. The Act created the Legal Services Commission and introduced reforms later associated with the Civil Procedure Rules 1998 and policies linked to the Labour Party administration of Tony Blair. It intersected with institutions such as the Courts and Legal Services Act 1990, the Judicature Acts, and the evolving practice of solicitors and barristers.
Background and legislative history
The Act emerged from policy debates involving the Lord Chancellor, recommendations by the Bloomsbury legal reform discussions, and reports from commissions like the Carter Report and the Narey Review. It followed antecedents including the Legal Aid and Advice Act 1949, critiques by the Law Society of England and Wales, proposals from the Home Office and the Ministry of Justice, and parliamentary scrutiny by the Public Bill Committee. Key actors included ministers from the Cabinet of the United Kingdom, Members of Parliament represented by parties such as the Labour Party and the Conservative Party, and interest groups like the Citizens Advice and the Bar Council.
Key provisions
Major provisions established the Legal Services Commission to administer legal aid and created new funding mechanisms consistent with statutory instruments and the Civil Procedure Rules Committee. The Act amended elements of the Courts Act 2003 approach to costs and enshrined powers affecting immigration and asylum cases under frameworks influenced by the Asylum and Immigration Act 1996 and the Human Rights Act 1998. It introduced arrangements for conditional fee agreements associated with the no link rule enforced reforms, regulated by bodies such as the Solicitors Regulation Authority and the Bar Standards Board. Provisions also intersected with the Legal Services Act 2007 trajectory and altered eligibility and means-testing procedures tied to the Department for Constitutional Affairs and the Ministry of Justice.
Impact on legal aid and civil litigation
The Act shifted administration of legal aid away from historic models exemplified by the Legal Aid Board toward commissioning by the Legal Services Commission, affecting claimants in personal injury and family law disputes and practitioners like solicitors and barristers. It catalysed the growth of conditional fee agreements and influenced the market dynamics involving firms such as Irwin Mitchell and professional bodies including the Law Society of England and Wales and the Bar Council. Civil litigation saw changes in cost recovery rules comparable to reforms in the Civil Procedure Rules 1998 and influenced case management trends in venues like the Royal Courts of Justice and the County Courts. The Act's effect on publicly funded work interacted with welfare institutions such as the Department for Work and Pensions and advocacy organisations like Liberty.
Criminal justice implications
Although primarily civil, the Act impacted criminal legal aid funding administered by the Legal Services Commission and touched on prosecutorial practice in collaboration with the Crown Prosecution Service and the Attorney General for England and Wales. Changes influenced duty solicitor arrangements monitored by the Legal Aid Agency successor and had operational implications for police custody procedures involving forces like the Metropolitan Police Service and prosecutorial decisions affecting defendants in the Crown Court and Magistrates' courts. The Act's reforms interacted with sentencing and disclosure practices considered by the Sentencing Council and case-law developments from appellate bodies such as the Court of Appeal (England and Wales).
Controversies and legal challenges
The Act provoked disputes involving organisations including the Law Society of England and Wales, the Bar Council, Citizens Advice, and campaigners like Gavin Millar QC. Challenges concerned reductions in scope for civil legal aid, fee arrangements for conditional fee agreements, and tensions with rights enshrined under the Human Rights Act 1998 and jurisprudence from the European Court of Human Rights. Judicial review claims and parliamentary debates invoked precedents from the House of Lords and later the Supreme Court of the United Kingdom, with contentious questions about access to remedies for vulnerable groups represented by NGOs such as Amnesty International and Shelter.
Subsequent amendments and reforms
Subsequent legislative changes included the Legal Services Act 2007, the reforming orders of the Ministry of Justice, and spending reviews under chancellors such as Gordon Brown and George Osborne. The abolition of the Legal Services Commission and replacement by the Legal Aid Agency reflected directions set by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and policy shifts during administrations led by figures including David Cameron and Theresa May. Case-law developments in tribunals like the Upper Tribunal (Administrative Appeals Chamber) and further statutory instruments adjusted eligibility, scope, and procurement frameworks engaging organisations such as the Cabinet Office and the National Audit Office.