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Justice thinktank proposes new model for resolving housing disputes

Stuart
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The Law Society Gazette highlights a new report from the Justice thinktank that proposes a ‘bold and ambitious’ new inquisitorial service for resolving housing disputes -

‘Justice proposes a Housing Dispute Service (HDS), which fuses elements of problem-solving, investigative, holistic and mediative models used elsewhere in the justice system …

The report says ‘The HDS would act as arbiter, investigator, adviser and problem solver, looking at all elements in a housing relationship on an inquisitorial basis. The intention is not for it to sit back and wait for relevant material to be brought by way of legal representatives. It would ascertain that information for itself and be proactive in identifying party vulnerability and making necessary adjustments to allow them to participate in the process.’

Independent lawyers would provide parties with legal advice on their rights, interests and obligations, remunerated under a discrete arrangement (based on a legal aid contract) at a sustainable rate, capable of taking the dispute to court if it cannot be resolved through the HDS.’

 

shawn mach
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As noted in our housing news story:

JUSTICE acknowledges however that: ‘The HDS is not an idea accepted by all our members and was opposed by the tenant lawyers we consulted. It is controversial and for many, the solution to current problems is to remedy austerity era policies.’

See also a new piece published to thejusticegap.com:

The report has met with robust opposition from, it appears, virtually all tenant lawyers who have been asked their opinions on the matter – myself included. The issues raised are too numerous to discuss here (the report itself runs to 156 pages including annexes), so I will focus on two broader concerns: whether tenants would be able to sufficiently access legal advice in this new landscape, and whether such root and branch change is the ideal solution to the problems the report seeks to address.

More: We need to fight to protect legal aid – not accept defeat

Elliot Kent
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Giles Peaker of Nearly Legal responds:

https://nearlylegal.co.uk/2020/03/oh-wouldnt-it-be-loverly/

Fair to say he doesn’t think this is a very good idea.

Short version - it is an incoherent fantasy that mistakes legal process for the underlying reality.

 

[ Edited: 16 Mar 2020 at 07:35 am by Elliot Kent ]