“I’m sure there will be cases where a party who was unrepresented has lost a case because he or she doesn’t have representation. It’s impossible to prove,

“I’m sure there will be cases where a party who was unrepresented has lost a case because he or she doesn’t have representation. It’s impossible to prove, but it would be extraordinary if there had not been some cases which were decided adversely that would have been decided the other way had the litigant been represented by a competent lawyer. It’s inevitable.” Lord Dyson MR 2016
Explain what is meant by ‘access to justice’. In light of the above statement, discuss whether the appropriate types of cases can still benefit from legal aid after the recent cuts.
Guidance:
You are required to answer the question in the form of an essay. The ELSS VLE contains information about how to answer and structure an essay question. Please consult this guidance before researching into the question. Your answer should include authority to support your arguments such as academic commentary, statutory and/or case law authority. You are therefore expected to undertake legal research into this essay question.
Knowledge & Understanding:
You will need to demonstrate to the examiner that you know and understand:
 the concept of ‘access to justice’; and
 the ambit of the legal aid cuts.
Argument:
You will need to demonstrate to the examiner that you have the ability to:
 construct arguments which are supported by authority; and
 evaluate evidence and draw conclusions.
Presentation:
You will need to demonstrate to the examiner that you can:
 present your answer in the form of an essay; and
 present your arguments in a well-structured and logical order; and
 make use of clear and concise English language in order to communicate your arguments.

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