Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

Legal aid child residence tests breach international rights, say MPs and peers – The Guardian

‘Depriving children of legal representation by introducing a residence test is in breach of their international rights, a parliamentary committee has warned.’

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The Guardian, 30th June 2014

Source: www.guardian.co.uk

Lord Chief Justice calls for single regulator – Legal Futures

Posted June 20th, 2014 in consumer protection, legal aid, legal profession, legal services, news by tracey

‘In a major speech on the future of law, the Lord Chief Justice said last night that “there has to be a single regulator” for the legal professions. Lord Thomas said he could not see any “practical” alternative, and he would be “very disappointed” if there was not a much simpler and cheaper system of regulation in 10 years’ time.’

Full story

Legal Futures, 20th June 2014

Source: www.legalfutures.co.uk

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another – WLR Daily

Posted June 20th, 2014 in EC law, human rights, immigration, judicial review, law reports, legal aid by tracey

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another: [2014] EWHC 1840 (Admin); [2014] WLR (D) 266

‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Work capability assessment system at ‘virtual collapse’, says judge – The Guardian

Posted June 11th, 2014 in benefits, disabled persons, legal aid, news, tribunals by sally

‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’

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The Guardian, 11th June 2014

Source: www.guardian.co.uk

Lack of legal aid derails contact proceedings – The Guardian

‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’

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UK Human Rights Blog, 10th June 2014

Source: www.ukhumanrightsblog.com

Top family judge adjourns father’s contact case amid legal aid impasse – The Guardian

‘The most senior family judge in England and Wales has asked the justice secretary, Chris Grayling, to explain how a case involving a father’s contact with his son can proceed without legal aid.’

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The Guardian, 9th June 2014

Source: www.guardian.co.uk

Court crisis warning as legal aid cuts trigger surge in parents fighting for child custody without lawyer – Daily Telegraph

‘Lawyers warn of ‘huge delays’ in family court cases as number of parents facing prospect of representing themselves jumps 48 per cent’

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Daily Telegraph, 7th June 2014

Source: www.telegraph.co.uk

Drug smuggler Lindsay Sandiford takes death penalty case to UK supreme court – The Guardian

‘A British grandmother facing execution by firing squad in Indonesia for drug smuggling has no funds to mount a legal challenge against her sentence, the UK’s highest court has been told.’

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The Guardian, 4th June 2014

Source: www.guardian.co.uk

Children suffer as cuts to legal aid penalise parents in court – The Independent

Posted June 2nd, 2014 in budgets, children, custody, legal aid, litigants in person, news by sally

‘Almost half of all parents fighting to get access to their children through the courts are being made to do so without legal advice, family magistrates warn today.’

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The Independent, 1st June 2014

Source: www.independent.co.uk

R (JG) v Lord Chancellor (Law Society intervening) – WLR Daily

Posted May 29th, 2014 in appeals, apportionment, care orders, costs, expert witnesses, law reports, legal aid by michael

R (JG) v Lord Chancellor (Law Society intervening) [2014] EWCA Civ 656;  [2014] WLR (D)  235

‘Where a child who was a party to private law proceedings under the Children Act 1989 had the benefit of public funding in respect of his costs and the court considered that it was necessary to instruct a single joint expert to produce a report to assist the court in determining what was in the best welfare interests of the child, but the other parties had no funding and were unable to pay their share of the expert’s costs, the court could depart from the order that it would otherwise have made, to the greater cost of the publicly funded party, where the failure to adduce the expert’s report would result in a breach of one of the party’s rights under articles 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the court was not prevented from doing so by section 22(4) of the Access to Justice Act 1999. Where, in the case of a single joint expert, there was no problem over resources, there was no normal rule of equal apportionment of the costs, and that issue of apportionment was to be determined in the exercise of the court’s discretion, taking into account the particular circumstances of the case.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Legal Aid Agency may have to bear cost of expert fees – New Law Journal

Posted May 29th, 2014 in costs, expert witnesses, fees, legal aid, news, reports by michael

‘The Legal Aid Agency—formally known as the Legal Service Commission (LSC) —was wrong to refuse to pay the full cost of an expert witness report ordered for a child by the family court.’

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New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

Fraud trial legal aid ruling overturned by appeal court – The Guardian

Posted May 21st, 2014 in appeals, barristers, budgets, costs, fraud, judges, legal aid, legal representation, news by tracey

‘A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial.’

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The Guardian, 21st May 2014

Source: www.guardian.co.uk

Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in April.’

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Family Law Week, 17th May 2014

Source: www.familylawweek.co.uk

Response of the Judicial Executive Board to the Justice Committee Inquiry: Civil Legal Aid – Judiciary of England and Wales

Posted May 15th, 2014 in civil justice, judiciary, legal aid, litigants in person, news by tracey

‘Response of the Judicial Executive Board, drafted with input from the Association of Her Majesty’s District Judges and the Council of Her Majesty’s Circuit Judges.’

Full text

Judiciary of England and Wales, 13th May 2014

Source: www.judiciary.gov.uk

Leading judges in damning attack on civil aid cuts – Law Society’s Gazette

‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’

Full story

Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

Judges criticise impact of legal aid cuts – The Guardian

‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’

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The Guardian, 14th May 2014

Source: www.guardian.co.uk

Legal aid cuts: justice secretary’s lawyers intervene over abandoned case – The Guardian

‘Lawyers for the justice secretary, Chris Grayling, have intervened in an emergency appeal court hearing in an attempt to resolve a dispute over legal aid cuts that has halted all complex fraud trials.’

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The Guardian, 13th May 2014

Source: www.guardian.co.uk

The Jeffrey’s Review – a challenge to the Bar – Halsbury’s Law Exchange

‘On 7 May 2014 the report by Sir Bill Jeffrey on “Independent criminal advocacy in England and Wales”, the first of the triumvirate of reports into the state of the criminal justice system, was issued. It is a mixed bag. Many lawyers were hoping for more, specifically for ammunition in their battle with the MoJ, but that point is largely ducked. Whilst there is a lot that the (independent) bar can take comfort, and perhaps even pride in, make no mistake – however it is sugar-coated, this is not a homage to the Bar, or a plea to maintain the status quo.’


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Halsbury’s Law Exchange, 9th May 2014

Source: www.halsburyslawexchange.co.uk

City fraud cases on brink of collapse in growing row over legal aid cuts – The Guardian

‘The biggest City fraud cases since the crash of 2008 are close to collapsing because of the government’s cuts to legal aid. The refusal of barristers to work at the government’s new low rates has already led to Judge Anthony Leonard throwing out charges against five men accused of conning investors out of their savings by selling them land at grotesquely inflated prices.’

Full story

The Guardian, 10th May 2014

Source: www.guardian.co.uk