Family case must be reheard after barrister spoke to father and appeared for mother – Law Society’s Gazette

Posted December 17th, 2024 in child arrangements orders, delay, legal representation, news by tracey

‘An appeal against a child arrangements order has been granted after it emerged that a barrister who represented the mother in proceedings had also been approached in a professional capacity by the father.’

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Law Society's Gazette, 17th December 2024

Source: www.lawgazette.co.uk

Lawyers refusing to represent people charged with certain crimes amid pay crisis – The Guardian

‘Lawyers are refusing to represent people charged with certain crimes amid a crisis over solicitors’ pay, with one burglary suspect turned away by 12 legal firms, the Law Society president has said.’

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The Guardian, 16th December 2024

Source: www.theguardian.com

LASPO 2012: ten years and beyond – a socio-legal study of the impact of legal aid cuts on service providers in England and Wales – Legal Ethics

‘Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts.’

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Legal Ethics, 10th September 2024

Source: www.tandfonline.com

Take Post Office compensation scheme away from lawyers, say experts – Law Society’s Gazette

‘The adversarial nature of the compensation scheme for victims of the Post Office scandal is preventing them securing timely redress.’

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Law Society's Gazette, 16th September 2024

Source: www.lawgazette.co.uk

Appeal judges reject prisoner’s claim that lawyers failed him in court – Legal Futures

Posted September 3rd, 2024 in appeals, grievous bodily harm, legal representation, news, time limits by tracey

‘The Court of Appeal has rejected a prisoner’s claim that his lawyers “failed to represent him properly” after convictions for grievous bodily harm (GBH).’

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Legal Futures, 3rd September 2024

Source: www.legalfutures.co.uk

CA rejects drug-dealer’s criticism of legal team over conviction – Legal Futures

‘The Court of Appeal has rejected criticisms of his legal team by a man jailed for possessing cocaine with intent to supply.’

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Legal Futures, 19th August 2024

Source: www.legalfutures.co.uk

Qualified Legal Representatives – the challenges so far – Becket Chambers

‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon application of section 65 of the Domestic Abuse Act 2021 or amendments to the Matrimonial and Family Proceedings Act 1984 which restricts litigants in person from cross-examining parties or witnesses in certain circumstances.’

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Becket Chambers, 2nd July 2024

Source: becket-chambers.co.uk

Law Society calls for civil legal aid increase over unrepresented parties in family court – Law Society’s Gazette

Posted April 26th, 2024 in families, family courts, fees, Law Society, legal aid, legal representation, news by sally

‘The Law Society today expressed its ‘extreme concern’ over the increased number of litigants in person in private family law cases in the decade since the Legal Aid, Sentencing and Punishment of Offenders Act came in to force.’

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Law Society's Gazette, 26th April 2024

Source: www.lawgazette.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Man denied fair trial after ditching counsel has conviction quashed – Legal Futures

Posted April 4th, 2024 in appeals, assault, legal representation, news by tracey

‘The Court of Appeal has quashed the conviction of a man who dispensed with counsel on the second day of trial after finding he was then denied a fair hearing.’

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Legal Futures, 4th April 2024

Source: www.legalfutures.co.uk

Inability to afford a lawyer “cannot delay proceedings”, says master – Legal Futures

Posted March 21st, 2024 in delay, fiduciary duty, legal representation, news, stay of proceedings by sally

‘An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.’

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Legal Futures, 21st March 2024

Source: www.legalfutures.co.uk

Case Law Update: Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, families, family courts, legal representation, news by sally

‘Sir Andrew McFarlane (President of the Family division) has handed down a very helpful and hotly anticipated judgment regarding the approach the court should adopt when it has directed a QLR be appointed for a party but no QLR has been found. Sir Andrew McFarlane took the opportunity to provide this judgment following a substantive judgment given at the conclusion of a fact-finding hearing.’

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Parklane Plowden Chambers, 19th February 2024

Source: www.parklaneplowden.co.uk

Litigant misled court over response from other side’s solicitors – Legal Futures

Posted February 27th, 2024 in auctioneers, disclosure, legal representation, litigants in person, news by tracey

‘A litigant in person who made a ‘without notice’ application to move property transactions to completion, blaming the other side’s solicitors for not replying to him, mislead the court, a judge has found.’

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Legal Futures, 27th February 2024

Source: www.legalfutures.co.uk

Appeal judges reject attempts to blame lawyers for convictions – Legal Futures

‘The Court of Appeal has rejected two separate attempts by convicted criminals to blame poor performance by lawyers for their convictions.’

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Legal Futures, 22nd February 2024

Source: www.legalfutures.co.uk

Civil case over £237m collapse of London Capital & Finance opens – with counsel leaving – Law Society’s Gazette

Posted February 20th, 2024 in barristers, fees, insolvency, legal representation, news, unfair commercial practices by tracey

‘Counsel for a defendant in a civil case concerning the £237m collapse of mini bond issuer London Capital & Finance excused themselves from court on the first hearing day this morning – stating that there was no prospect of their fees being paid.’

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Law Society's Gazette, 19th February 2024

Source: www.lawgazette.co.uk

Wasted costs against representative acting according to client’s instructions refused – Law Society’s Gazette

‘An employment judge has refused an application for wasted costs against a lay representative after finding he only “did his client’s bidding.”’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

Qualified legal representatives will now get expenses but Law Soc says fees ‘still too low’ – Law Society’s Gazette

‘The Law Society has welcomed the announcement that expenses will be added to the qualified legal representative (QLR) scheme in domestic abuse cases, but says fees are still too low.’

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Law Society's Gazette, 11th December 2023

Source: www.lawgazette.co.uk

Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette

‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

High Court refuses Indian lawyer right to address court – Legal Futures

Posted October 23rd, 2023 in banking, India, legal representation, news by tracey

‘The High Court has refused an Indian lawyer permission to appear for an Indian company that had dismissed its English solicitors and barristers shortly before trial.’

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Legal Futures, 23rd October 2023

Source: www.legalfutures.co.uk

“Relatively straightforward” for barristers to avoid cab-rank rule – Legal Futures

‘It seems “relatively straightforward” for barristers to avoid the cab-rank rule by relying on exemptions, the Legal Services Board (LSB) has said.’

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Legal Futures, 17th October 2023

Source: www.legalfutures.co.uk