Bar Council response to Justice Committee report on Legal Aid – The Bar Council

Posted March 12th, 2015 in barristers, civil justice, legal aid, news, reports, select committees by sally

‘Responding to today’s report from the Justice Committee, Alistair MacDonald QC, Chairman of the Bar said:
“We have reached a watershed moment in the administration of justice.’

Full story

The Bar Council, 12th March 2015

Source: www.barcouncil.org.uk

Third of domestic violence victims cannot provide evidence for legal aid – The Guardian

‘More than a third of victims of domestic violence cannot provide the evidence required to obtain legal aid, according to a parliamentary watchdog.’

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The Guardian, 12th March 2015

Source: www.guardian.co.uk

Legal aid cuts hurt those who need help must, claims High Court judge – The Independent

Posted March 12th, 2015 in judges, legal aid, news, reports, select committees by sally

‘Deep cuts to the legal aid budget have backfired by failing to help the people who need it most, a parliamentary report has concluded.’

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The Independent, 12th March 2015

Source: www.independent.co.uk

Legal aid, young people and the review that never happened – LegalVoice

‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’

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LegalVoice, 10th March 2015

Source: www.legalvoice.org.uk

Blow for MoJ as regulations on judicial review and legal aid ruled unlawful – Local Government Lawyer

‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’

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Local Government Lawyer, 4th March 2015

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (March 2015) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

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Family Law Week, 3rd March 2015

Source: www.familylawweek.co.uk

Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) [2015] EWHC 402 (Admin); [2015] WLR (D) 90

‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

Telephone gateway ‘barrier’ to justice – Law Society’s Gazette

Posted March 4th, 2015 in legal aid, legal services, news, telecommunications by sally

‘The new mandatory gateway for civil legal advice may have been a barrier to access to justice, according to charity Public Law Project, which has published research showing the service has been used far less widely than expected.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

Grayling JR amendment ‘unlawful’ – High Court – Law Society’s Gazette

Posted March 4th, 2015 in costs, judicial review, legal aid, news, regulations, remuneration by sally

‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

Full story

NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

Bar Council backs MoJ U-turn on funding for DNA parentage testing – The Bar Council

Posted February 27th, 2015 in DNA, family courts, legal aid, paternity, press releases by tracey

‘The Ministry of Justice’s decision to reinstate funding for DNA tests that determine parentage in family court cases was the right thing to do, says the Bar Council after Justice Minister Simon Hughes announced funds for between £500,000 and £1m a year to pay for tests.’

Full press release

The Bar Council, 23rd February 2015

Source: www.barcouncil.org.uk

Britain is leading the charge against basic human rights, Amnesty claims – The Independent

‘Increased surveillance in Britain, along with the reduction of access to justice, have contributed to one of the worst assaults on human rights in Europe since the fall of the Berlin Wall, according to a damning assessment by Amnesty International.’

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The Independent, 25th February 2015

Source: www.independent.co.uk

Regina (London Criminal Courts Solicitors Association and others) v Lord Chancellor; Regina (Law Society) v Lord Chancellor – WLR Daily

Posted February 23rd, 2015 in criminal justice, judicial review, law reports, legal aid, lord chancellor by sally

Regina (London Criminal Courts Solicitors Association and others) v Lord Chancellor; Regina (Law Society) v Lord Chancellor [2015] EWHC 295 (Admin) ; [2015] WLR (D) 78

‘The conventional Wednesbury standard of judicial supervision applied to a decision, taken by the Lord Chancellor in the exercise of his discretion under section 2(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which involved changes to the provision of criminal legal aid services by solicitors.’

WLR Daily, 18th February 2015

Source: www.iclr.co.uk

Law in Tesco (not Tesco law) – The Future of Law

‘Family proceedings involving children where neither parent had legal representation, increased by 30% in the family court in 2013-14, revealed the National Audit Office last year in a report on legal aid.’

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The Future of Law, 20th February 2015

Source: www.blogs.lexisnexis.co.uk

More bereaved families to get legal aid at inquests if state was involved in death – The Guardian

‘More bereaved families will be entitled to legal aid at inquests after a high court judge ruled that official guidance on whether to provide support was “misleading and inaccurate”.’

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The Guardian, 20th February 2015

Source: www.guardian.co.uk

Law chief marks Magna Carta with fierce attack on Cameron – The Independent

‘Britain’s chief criminal barrister will tear into David Cameron and past governments for treating public law “with contempt”, at a lavish £1,750-a-ticket government-backed conference tomorrow marking the 800th anniversary of Magna Carta.’

Full story

The Independent, 22nd February 2015

Source: www.independent.co.uk

Legal aid cuts exposing domestic abuse victims to court ordeal, says report – The Guardian

‘Victims of domestic abuse increasingly face being cross-examined by their attackers because legal aid cuts make it difficult to qualify for courtroom representation, according to research by Citizens Advice.’

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The Guardian, 19th February 2015

Source: www.guardian.co.uk

Legal aid reforms: Solicitors lose duty contracts challenge – BBC News

Posted February 19th, 2015 in appeals, criminal justice, Law Society, legal aid, news, solicitors by sally

‘Solicitors have lost a legal challenge against government plans to cut by more than half the number of duty lawyers attending magistrates’ courts and police stations in England and Wales.’

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BBC News, 18th February 2015

Source: www.bbc.co.uk

Online court proposed to resolve claims of up to £25,000 – The Guardian

Posted February 16th, 2015 in dispute resolution, internet, legal aid, news, small claims, telephone hearings by sally

‘The UK justice system should receive a radical overhaul for the digital age with the creation of an online court to expand access to justice and resolve claims of up to £25,000, the official body that oversees civil courts has recommended.’

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The Guardian, 16th February 2015

Source: www.guardian.co.uk

Legal aid in domestic violence cases: civil law vs. LASPO 2012 – Halsbury’s Law Exchange

Posted February 13th, 2015 in domestic violence, legal aid, news by tracey

‘Is the domestic violence evidence gateway in the Civil Legal Aid (Procedure) Regulations 2012 ultra vires the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012)? Sarah Clarke, a solicitor at the Public Law Project, examines a recent ruling on the matter and discusses the implications for practitioners.’

Full story

Halsbury’s Law Exchange, 12th February 2015

Source: www.halsburyslawexchange.co.uk