Pupils’ lawyers challenge lower threshold for school exclusions – The Guardian

‘Many more children could be expelled from school under new guidance which comes into force this week, according to lawyers who represent pupils at appeal panels.’

Full story

The Guardian, 6th January 2015

Source: www.guardian.co.uk

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) – WLR Daily

Posted January 6th, 2015 in appeals, charities, human rights, immigration, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) [2014] EWCA Civ 1622; [2014] WLR (D) 547

‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’

WLR Daily, 15th December 2014

Source: www.iclr.co.uk

Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog

Posted December 18th, 2014 in appeals, human rights, immigration, legal aid, news by sally

‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’

Full story

UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

Legal aid immigration case guidance ‘unlawful’ – BBC News

Posted December 15th, 2014 in appeals, budgets, civil justice, immigration, legal aid, news by tracey

‘Guidance on granting legal aid for exceptional immigration cases is “unlawful”, judges have ruled.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Legal Voice conference report: Innovation in the delivery of legal services – LegalVoice

Posted December 12th, 2014 in civil justice, criminal justice, insurance, legal aid, news by sally

‘Roger Smith OBE made the case for 1% of the legal aid budget to be directed towards an ‘innovation fund’ to promote access to justice online. The former director of JUSTICE, who was delivering the keynote speech earlier this week at the 2014 Legal Voice conference, called upon Chris Grayling to ‘re-evaluate’ priorities and to deploy online help for initial advice.’

Full story

LegalVoice, 11th December 2014

Source: www.legalvoice.org.uk

Government blames High Court for denying mesothelioma victims damages uplift –

Posted December 12th, 2014 in costs, damages, industrial injuries, insurance, legal aid, news by sally

‘The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.’

Full story

Litgation Futures, 11th December 2014

Source: www.litigationfutures.com

MoJ commissions new report into accessibility of legal services – LegalVoice

Posted December 11th, 2014 in legal aid, legal services, Ministry of Justice, news, reports by sally

‘Following the recent publication of a report on litigants in person in private family law (reported here), the Lord Chancellor has commissioned a review of accessibility and affordability of legal services.’

Full story

LegalVoice, 10th December 2014

Source: www.legalvoice.org.uk

“We’re all in this together”, says incoming Bar Council Chairman in Inaugural Address – The Bar Council

Posted December 10th, 2014 in barristers, budgets, fees, judicial review, legal aid, news by sally

‘Incoming Chairman of the Bar Council, Alistair MacDonald QC, has pledged he will “continue the excellent work” started by predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.’

Full story

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

Legal aid slashed with no thought for consequences, MoJ chief admits – The Independent

Posted December 8th, 2014 in budgets, debts, employment, families, housing, legal aid, news by sally

‘The legal aid bill is being slashed by £300m without research into the potential effect of the cuts, the most senior civil servant at the Ministry of Justice (MoJ) has admitted.’

Full story

The Independent, 5th Decemeber 2014

Source: www.independent.co.uk

Finance & Divorce Update – Family Law Week

Posted December 8th, 2014 in children, costs, divorce, foreign jurisdictions, legal aid, litigants in person, news by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’

Full story

Family Law Week, 5th December 2014

Source: www.familylawweek.co.uk

NAO questions whether legal aid reforms have delivered better value for money – Free Movement

Posted December 5th, 2014 in budgets, legal aid, news, reports by sally

‘On 20 November 2014, the National Audit Office – the independent Parliamentary body responsible for scrutinising the way in which the government spends public money – published a report on the implementation of the post-2010 civil legal aid reforms. Its central conclusion is an unsurprising one: while spending on civil legal aid has been reduced significantly, the Ministry of Justice failed properly to consider the wider impact of the reforms before implementing them.’

Full story

Free Movement, 5th December 2014

Source: www.freemovement.org.uk

Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

Dyson: miscarriages of justice likely since LASPO – Law Society’s Gazette

‘Master of the rolls Lord Dyson has told MPs that an increase in litigants in person has caused miscarriages of justice.’

Full story

Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

Speech by Lord Chief Justice: Cardiff Business Club – Judiciary of England and Wales

Posted December 1st, 2014 in civil justice, courts, criminal justice, devolution, judiciary, legal aid, speeches, Wales by tracey

‘Speech by The Right Hon. The Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales at the Cardiff Business Club on 3 November 2014.’

Full speech

Judiciary of England and Wales, 27th November 2014

Source: www.judiciary.gov.uk

‘No obvious benefit’: Bar Council concerned over proposed dual-contracting model – The Bar Council

Posted December 1st, 2014 in barristers, consultations, contracts, criminal justice, legal aid, press releases by tracey

‘The Ministry of Justice response to the “Transforming Legal Aid: Crime Duty Contracts” consultation, published today, will be of concern to all lawyers engaged in criminal defence work, and especially to solicitors firms with criminal legal aid contracts.’

Full story

MOJ response

The Bar Council, 27th November 2014

Source: www.barcouncil.org.uk

Legal aid contracts for on-call criminal solicitors to be slashed by two-thirds – The Guardian

‘On-call, duty contracts for criminal solicitors to attend police stations and courts will be slashed from 1,600 to 527 in England and Wales, the Ministry of Justice has confirmed.’

Full story

The Guardian, 27th November 2014

Source: www.guardian.co.uk

Legal aid cuts means free housing advice slashed despite rise in repossessions – The Independent

Posted November 27th, 2014 in housing, law centres, legal aid, news, repossession by sally

‘Legal help for thousands of families facing eviction from their home is being slashed by the Government despite soaring numbers of repossessions, an investigation for The Independent has found.’

Full story

The Independent, 26th November 2014

Source: www.independent.co.uk

Wealth becoming key to justice, say 87% of lawyers – Law Society’s Gazette

Posted November 24th, 2014 in civil justice, legal aid, legal profession, news by sally

‘An overwhelming majority of lawyers believe that wealth is becoming a more important factor than it used to be in gaining access to justice.’

Full story

Law Society’s Gazette, 21st November 2014

Source: www.lawgazette.co.uk

Appeal court judge ‘horrified’ at number of litigants without lawyers – The Guardian

Posted November 24th, 2014 in barristers, budgets, legal aid, litigants in person, news by sally

‘A court of appeal judge has said she is “horrified” at the number of unrepresented litigants and warned that the delays caused will “clog up” the justice system.’

Full story

The Guardian, 23rd November 2014

Source: www.guardian.co.uk