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Home > Publications > Research > Research Reports 1997

Research Reports 1997


These are reports from research we have completed.


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» No. 1/97 Monitoring the rise in the small claims limit: litigants' experiences of different forms of adjudication - Professor John Baldwin (empirical study) 104 pgs

- this research assesses the expansion of the small claims regime from the perspective of litigants, drawing comparisons between their experiences of "open court" trial and the more informal small claims procedure. The contrasts between their experiences were striking. No matter what measure was adopted, the small claims regime came out well ahead. It was concluded in the research that, from the perspective of litigants, the rise in the small claims limit from £1,000 to £3,000 has so far been achieved without serious disruption. Few litigants in either sample could be said to regret the eclipse of "open court" trial and its increasing absorption into the newly expanded small claims regime.

» No. 2/97 Delay in the Criminal Justice System - Dr Satnam Choongh (review paper) 28 pgs

- it is a common complaint that the criminal justice system is inefficient and that criminal cases drag on within the system for an inordinate length of time. The Government has recently announced its intention to speed up the criminal process by introducing radical administrative changes in the procedures currently employed to bring cases to trial. This Report summarises and reviews everything which has been published on the subject of delay in the last five years. The Report also provides an analysis of the overall research picture, which suggests that commentators have often made false assumptions about the causes of delay and that the solutions suggested to deal with the problem may not have the desired consequences.

» No. 3/97 Resolving Civil Disputes: choosing between out-of-court schemes and litigation - Tamara Goriely and Tom Williams (review paper) 131 pgs

- when individuals seek redress for their grievances, they are often faced with a bewildering array of potential procedures - some within the courts and some through out-of-court alternatives such as ombudsmen or complaints systems. This report reviews the existing literature to ask how people make choices between alternative procedures. After reviewing the development of formal complaints systems, the report asks why so many people do not complain. It then considers the influences on complainant choice, including family and friends, the media and advice services. The report then looks at four specific areas where people face choices - health, housing disrepair, financial services and consumer problems. It argues that often complainants' decisions reflect deficiencies within existing procedures. Finally, the last chapter considers three broad strategies for reform: improving information; improving advice and overseeing improvements in procedures themselves.

» No. 4/97 Law-And-Economics: State of the Art and Questions for the Future - Professor Anthony Ogus (review paper) 34 pgs

- this paper contains a review of law-and-economics research undertaken by British scholars. It reveals that there has been much work which, while patchy in its coverage, has illuminated many areas of English Law. In the light of equivalent research undertaken abroad, the authors identify some key areas for further investigation. They argue that future work should be better co-ordinated with policy needs, more integrated with socio-legal research and have a greater input from lawyers. To enhance the law-and-economic enterprise, more post graduate training and research should be encouraged. Although there are major methodological problems, they also consider that some effort should be directed to studying the interaction between legal structures generally and national economic performance.

» No. 5/97 Regulating Legal Services - Professor Robert Baldwin (review paper) 90 pgs

- legal services are regulated by a host of institutions and techniques. To date, however, no map of this complex regulatory terrain has been available. This report seeks to provide such a map by describing: the bodies that influence legal service provision; the aspects of service they regulate; the particular mechanisms of control they exert and the broad regulatory techniques they employ. The discussion opens with a review of those features of the legal services market that may prove problematic and call for regulation. It concludes by outlining a number of fundamental questions that remain to be addressed.

» No. 6/97 Judicial Appointments Commissions: The European and North American Experience and the possible implications for the United Kingdom - Discussion papers by Dr Cheryl Thomas and Dr Kate Malleson 73 pgs

Dr Cheryl Thomas - a growing number of continental European countries have created new procedures for judicial appointments; this report provides a critical assessment of the experience in six countries. Despite civil and common law differences, these continental experiences have implications for any future judicial appointments commission in the United Kingdom. The strengths and weaknesses of the European models are examined, as well as their political impact within the judiciary itself and the broader political system. In the continental experience, the creation of judicial self-governing bodies has reduced the role of both the Ministry of Justice and senior judges in the appointment process, while increasing the political significance of the judiciary.

Dr Kate Malleson - the research examines the use of judicial appointments commissions in the US and Canada. It concludes that the evidence that they improve the representativeness or competence of the judiciary is mixed. Much depends on the approach of the commissioners. Where they are proactive, such as the Judicial Advisory Committee in Ontario, they can have a significant effect on the type of judges appointed. In many US states, however, they appear to make little difference. Nevertheless, in both countries they attract widespread public support.

» No. 7/97 The Division of Marital Assets Following Divorce with Particular Reference to Pensions - Professor Antony Dnes (review paper) 62 pgs

- the move towards earmarking and splitting of pensions has increased awareness of the issue of dividing marital assets at divorce. This report examines possible bases for division from the perspective of the economics of contract law. The current amalgam of needs-based, expectations and restitution elements is problematic in that it can encourage opportunistic behaviour centred on marriage, as can any deviation from strictly enforcing promises (expectation damages). The report also considers the nature of modern marriage and the extent to which marital law encourages or discourages stable marriage.

» No. 8/97 Household Indebtedness, voluntary and involuntary: a study of court summonses - Mike Hope, LCD Economist (review paper) 48 pgs

- there has been a substantial volatility in the quantum of involuntary indebtedness since 1980, which has not been fully appreciated, nor has its diminishing extent over the 1990s been well understood. This paper describes what has been occurring. The approach complements previous studies, which have typically relied on survey information and the circumstances at one moment in time of a household. The paper examines the possible reasons for these trends:

  • rising household indebtedness

  • more uncertain macroeconomic conditions

  • changes in household structure and activity

  • changes in lending and debt recovery practices

The paper argues that the behaviour of households and lenders has responded over time to provide a buffer against a more uncertain macroeconomic environment.

» No. 9/97 Expenditure on Legal Services - Mike Hope, LCD Economist (review paper) 37 pgs

- this paper examines trends in the income of solicitors. The analysis provides a means of considering the effects of the major programme of reform of the Lord Chancellor's Department embracing divorce law, legal aid including community legal services, and civil procedure. The report takes a comprehensive systems view across the administrative, civil, family and criminal justice systems. It views legal aid together with the provision of other legal services. Specifically, it examines:

  • the income of solicitors over time, and the contribution of the legal aid fund

  • the distribution of income by category of case for advice agencies and barristers, as well as solicitors

  • the importance of expenditure on solicitors within expenditure on the justice systems

  • changes over time in the distribution of income of solicitors by category of case

This allows an assessment of developments in the provision of dispute resolution services.

» No. 10/97 Legal Aid Delivery Systems: which offer the best value for money in mass casework? A Summary of International Experience - Tamara Goriely (review paper) 87 pgs

- as legal aid budgets become increasingly constrained, the search is on to improve value for money. Could the same money be spent in better ways so as to improve the quality of service offered to litigants? This report, completed in February 1996, summarises experience from Canada, USA and Australia to ask what is the most effective way of delivering legal aid for mass casework. It compares fee for service arrangements through private practitioners with both contracted schemes and those employing salaried lawyers.

» No. 11/97 Ethnic Monitoring of Defendants Appearing at Leicester Magistrates' Court in 1995 - Home Office and Professor Philip Bean (short empirical study) 42 pgs

- the aims of the ethnic monitoring study at Leicester Magistrates' Court were to enable the LCD and Home Office to establish a data collection model for ethnic monitoring activity at magistrates' courts which could be applied across the country; to identify the data items and analyses required for effective ethnic monitoring at magistrates' courts and assess the suitability of existing data collection for that purpose; and to assist interested local parties to gain a better understanding of the ethnic profile of defendants dealt with at court, highlight areas for more detailed research and establish procedures for future routine monitoring.

 


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