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Home > Publications > Research > Research programmes > Research Programme 2002

Research Programme 2002


Key areas for research 2002


Introduction

The Research Programme forms the main body of research commissioned by the Department each year. It is based on the Department's yearly key areas for research, which have a broad range, with topics drawn from across the department.

If you are a researcher and are interested in getting involved in the next round of research, please see information for researchers.



Key areas for research 2002

The Funding and Organisation of Legal Services

  1. The Market for Legal Services

    Economic analysis is required of the value provided through resolution of particular transactions, bearing in mind that litigation is only a tiny part of the function of a legal system:

    • What benefits accrue directly to the consumer, and indirectly to society, for example, through potential impact on other public services?

    • What benefits accrue to the economy more widely from having a secure environment within which commercial transactions can be undertaken with confidence?

  2. Funding the provision of legal services

    • Analysis of Conditional Fees and Legal Expenses Insurance: research is needed into patterns of use and outcomes for cases initiated since April 2000. This should cover the types of litigation funded, the level of success fees, and the cost of insurance (ATE and stand alone litigation insurance), building on existing relevant research.

    • A review of CFAs and LEI in other jurisdictions.

    • Analysis of the funding of clinical negligence litigation, including the development of market led funding.

  3. Training and regulating those providing legal services

    • A study of how far the current structure of legal education is suited to educating and training people for alternative roles in the community legal services. What innovations might be necessary for example for lay advocates, police station representatives, debt or immigrations advisers? What changes might achieve a greater degree of common vocational education for intending barristers and solicitors?

    • A study of the role of the Department in the regulation of those providing legal services including an examination of the purposes of regulation; the role of both self and statutory regulation in achieving these purposes; and comparisons with other jurisdictions.



Civil Justice (non-family)

  1. Differential Impacts of Contact with the Civil Justice System

    Following recent work on access to justice the Department now seeks work on the outcomes of contact with the justice system, and particularly on the ways in which these may differ for groups within our diverse society.

    • We therefore seek, for example, quantitative work on different methods of enforcement of civil judgements, including charging orders, and committal.

  2. Group Litigation Orders: monitoring and evaluation



Criminal Justice

  1. An exploration of the reasons for cracked and ineffective trials in the Magistrates and Crown courts. The research should include reluctant witnesses - why reluctance to testify is increasing; how the problem is impacting on the courts; and the effects of any current initiatives.

  2. A review of the impact of national standards of service provision by the courts for local variation in delivery.

  3. Diversity issues and the enforcement of fines.



Family

The Government's family law policy is directed at minimising as far as possible the harmful consequences, especially on children, of family and relationship breakdown. Research is required on:

  1. Studies of cohabiting couples with children: the nature and incidence of relationship breakdown and the arrangements made concerning finance, contact and residence for children - and the effects of these on children.

  2. Studies of the long term impact of difficult contact arrangements on children.

  3. The effectiveness of interventions aimed at promoting contact.



Human Rights

  1. Survey work on attitudes to the Human Rights Act.



Tribunals and Administrative Justice

The Department is conscious of the need to retain the traditional informality and accessibility of the tribunal system while working towards modernisation.

  1. Analysis of the factors which determine the volume of appeals.

    This should include the impact of success rates, and the impact of how close the relationship is between the original decision-maker and the applicant. This analysis is urgently needed with respect to the Income Tax Vat and Duties Appeal Tribunal.

  2. Analysis of the factors which determine the outcome of appeals.

    This should include the role of representation whether legal or lay.

  3. Analysis of the incidence of appeals.

    This should consider the urban rural distribution of applications, distance from the applicant's home or workplace to the nearest tribunal branch, and the age, gender and ethnicity of applicants.

  4. Immigration Appeal Tribunals.

    • Comparative analysis of how asylum appeals sit within the tribunal system. This analysis should consider the factors affecting the outcome of appeals, availability of representation, quality of the papers.

    • What processes apply in other jurisdictions, especially European jurisdictions?

    • Does the presence of representatives lead to a more adversarial approach?


 


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