In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Parents face funding test to stop their children going into care – The Bar Council

Posted November 18th, 2014 in care orders, legal aid, legal representation, news by sally

‘Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.’

Full story

The Bar Council, 17th November 2014

Source: www.barcouncil.org.uk

Legal Services Payment Orders and Maintenance Pending Suit – No. 5 Chambers

‘Anne Smallwood, family law barrister at No5 Chambers, recently gave a talk titled ‘Section 22 Z A – Getting Paid And M.P.S’ at the Family Money Talks Seminar 2014.’

Full story

No. 5 Chambers, 16th October 2014

Source: www.no5.com

Female offenders have been failed agrees Hughes at prison event – Halsbury’s Law Exchange

Posted November 17th, 2014 in children, codes of practice, criminal justice, legal aid, news, prisons, sentencing, women by sally

‘This is the “end of line as far as talk is concerned” concluded Felicity Gerry QC, bringing the interesting, illuminating and varied panel discussion to an end last night, challenging Simon Hughes MP to seize this opportunity to make his mark and make a real difference to women offenders.’

Full story

Halsbury’s Law Exchange, 12th November 2014

Source: www.halsburyslawexchange.co.uk

Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

Posted November 13th, 2014 in advocacy, barristers, fees, judges, legal aid, news, solicitors by tracey

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

High Court denies Lord Chancellor relief from sanctions in legal aid dispute – Litigation Futures

Posted November 11th, 2014 in law firms, legal aid, lord chancellor, news, sanctions by tracey

‘The High Court has denied the Lord Chancellor relief from sanctions in a case involving an attempt by the Legal Aid Agency (LAA) to reclaim £160,000 plus interest from a former law firm 16 years after the final payments were made.’

Full story

Litigation Futures, 11th November 2014

Source: www.litigationfutures.com

Bar Council chief says barristers are here to stay – The Bar Council

Posted November 11th, 2014 in barristers, legal aid, press releases, speeches by tracey

‘The Chairman of the Bar Council, Nicholas Lavender QC, has described the recent legal aid cuts as “the biggest onslaught on access to justice through legal aid” there has ever been, but says the justice system might be at a turning point.’

Full press release

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

Speech by The Hon. Mr Justice Green: Advocacy in Peril? – Judiciary of England and Wales

‘Key note address “Advocacy in Peril?” for the International Advocacy Teaching Conference, Nottingham Trent University on 28 June 2014 by The Honourable Mr Justice Green, Chairman, Advocacy Training Council.’

Full speech

Judiciary of England and Wales, 5th November 2014

Source: www.judiciary.gov.uk

Free mediation for more separating couples – Ministry of Justice

Posted November 4th, 2014 in arbitration, divorce, legal aid, news by sally

‘More separating couples will benefit from free mediation from 3 November, Simon Hughes has announced.’

Full story

Ministry of Justice, 3rd November 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

Full story

The Independent, 31st October 2014

Source: www.independent.co.uk

Legal aid cuts denied mother a fair hearing, says senior judge – The Guardian

‘A senior family court judge has condemned the injustice of the newly pared-back legal aid system after an illiterate mother of four, with poor sight and hearing, was forced to represent herself in a court hearing over the custody of her children.’

Full story

The Guardian, 2nd November 2014

Source: www.guardian.co.uk

Necessity or Ideology? – London Review of Books

Posted October 30th, 2014 in civil justice, legal aid, news by sally

‘In the 12th and 13th centuries, judges would be sent out from Westminster every seven years to adjudicate on any disputes that had come about since their last sojourn. In 1292, in Shropshire, Alice Knotte complained that Thomas Champeneys ‘detaineth from her seven shillings in money and a surcoat of the value of three shillings’. ‘Alice can get no justice at all,’ she protested, ‘seeing that she is poor and that this Thomas is rich.’ She implored the judge: ‘I have none to help me save God and you.’’

Full story

London Review of Books, 6th November 2014

Source: www.lrb.co.uk

Retired judge Sir John Royce criticises legal cuts – BBC News

Posted October 23rd, 2014 in courts, criminal justice, judges, legal aid, lord chancellor, news by sally

‘A recently retired High Court judge has said he thinks government cuts to the legal system have gone too far.’

Full story

BBC News, 22nd October 2014

Source: www.bbc.co.uk

Show us your evidence, Society tells MoJ consultation – Law Society’s Gazette

‘The Law Society has urged the Ministry of Justice to release for formal consultation a report on the criminal legal aid market which casts doubt on its controversial reform proposals.’

Full story

Law Society’s Gazette, 14th October 2014

Source: www.lawgazette.co.uk

Challenge on inquests legal aid – Law Society’s Gazette

Posted October 13th, 2014 in inquests, judicial review, legal aid, legal representation, news by sally

‘The High Court has given permission for a judicial review of the government’s policy on legal aid funding for inquests. Mrs Justice Andrews (pictured) last week allowed the challenge against the lord chancellor’s guidance on inquest funding.’

Full story

Law Society’s Gazette, 13th October 2014

Source: www.lawgazette.co.uk

Denial of legal aid in Court of Protection cases “a false economy”, says judge – Local Government Lawyer

‘Denying individuals legal aid for complex Court of Protection cases is a false economy, a High Court judge has warned.’

Full story

Local Government Lawyer, 8th October 2014

Source: www.localgovernmentlawyer.co.uk

Domestic violence victims are being forced to face abusers in court ordeal, lawyers warn – The Independent

‘Growing numbers of domestic violence victims are being quizzed by their former partners in court due to cuts in legal aid which have led to a rise in litigation-in-person cases, family law specialists are warning.’

Full story

The Independent, 5th October 2014

Source: www.independent.co.uk

Grayling: ‘real plan’ on human rights imminent – Law Society’s Gazette

‘Justice secretary Chris Grayling today promised a “real plan” to shake up human rights law, prompting speculation that prime minister David Cameron will fill in the details in his speech to the Conservative party conference tomorrow.’

Full story

Law Society’s Gazette, 30th September 2014

Source: www.lawgazette.co.uk

Child Rights Impact Assessment on Legal Aid: Particpation work with children and young people – The Children’s Commissioner

Posted September 30th, 2014 in children, legal aid, reports by tracey

‘Child Rights Impact Assessment on Legal Aid: Particpation work with children and young people.’

Full report

The Children’s Commissioner, 24th September 2014

Source: www.childrenscommissioner.gov.uk