Category: legal representation

Does Art 5 entail a right to legal representation when facing prison for contempt of court? – UK Human Rights Blog

Posted March 30th, 2016 in appeals, compensation, contempt of court, detention, human rights, injunctions, legal representation, news, undertakings by sally

‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’

Full story

UK Human Rights Blog, 30th March 2016

Source: www.ukhumanrightsblog.com

Legal aid cuts add to strain on divorcees – The Guardian

Posted March 29th, 2016 in divorce, legal aid, legal representation, litigants in person, mental health, news, reports, residence orders by sally

‘Nine out of 10 people who have gone through the family courts, under new rules that heavily restrict access to legal aid, suffer strain in their mental and physical health, working lives and finances, according to a report by Citizens Advice due out this week.’

Full story

The Guardian, 26th March 2016

Source: www.guardian.co.uk

Divorcee wins 90 per cent of husband’s wealth in bitter court battle – Daily Telegraph

Posted March 15th, 2016 in appeals, debts, divorce, financial provision, legal representation, news by sally

‘Company boss, Peter Morris, has nothing but his ‘anger’ to show for 25 years of marriage after a series of rulings’

Full story

Daily Telegraph, 14th March 2016

Source: www.telegraph.co.uk

Divorce judge awards woman who gave up career 90% of family assets – The Guardian

Posted March 15th, 2016 in appeals, divorce, financial provision, legal aid, legal representation, news by sally

‘A businesswoman who left behind her career in order to become a “stay at home mum” while her husband continued with his high-flying career has been awarded virtually all of the family fortune by a divorce judge.’

Full story

The Guardian, 14th March 2016

Source: www.guardian.co.uk

Judge challenges government over legal representation for vulnerable people – The Guardian

Posted March 11th, 2016 in Court of Protection, deprivation of liberty safeguards, legal aid, legal representation, mental health, news by sally

‘A senior judge has challenged the government to provide legal representation for vulnerable people as a backlog of safeguarding cases that cannot be tried builds up in the court of protection.’

Full story

The Guardian, 10th March 2016

Source: www.guardian.co.uk

Judiciary proposes fee ban and new name for McKenzie Friends – Legal Futures

Posted February 29th, 2016 in codes of practice, consultations, fees, judiciary, legal aid, legal representation, Legal Services Board, litigants in person, McKenzie friends, news, public interest by sally

‘England and Wales should follow the example of Scotland in banning McKenzie Friends from charging fees, the Judicial Executive Board (JEB) has proposed.’

Full story

Legal Futures, 25th February 2016

Source: www.legalfutures.co.uk

Without prejudice privilege – Law Society’s Gazette

Posted February 15th, 2016 in appeals, damages, landlord & tenant, legal representation, litigants in person, news, privilege, rent, solicitors, without prejudice communications by sally

‘The ‘without prejudice’ privilege refers to the inadmissibility of any party communications targeted toward settlement. The objective of this privilege is to encourage parties engaging in settlement consideration, by ensuring any information disclosed in the pursuit of settlement cannot be submitted in litigation proceedings (see Lord Griffiths in Rush & Tomkins v GLC [1989] 1 AC 1280).’

Full story

Law Society’s Gazette, 15th February 2016

Source: www.lawgazette.co.uk

Profession gets to work on Jackson’s vision of a contingent legal aid fund – Litigation Futures

Posted February 8th, 2016 in barristers, costs, fees, Law Society, legal aid, legal representation, legal services, news, solicitors by sally

‘The Bar Council, Law Society and Chartered Institute of Legal Executives (CILEx) have already begun talks on forming a working party that will take forward Lord Justice Jackson’s call for a contingent legal aid fund (CLAF), it has emerged.’

Full story

Litigation Futures, 5th February 2016

Source: www.litigationfutures.com

Speech by Lord Justice Jackson – The Case for a CLAF – Courts and Tribunals Judiciary

Posted February 8th, 2016 in barristers, costs, fees, Law Society, legal aid, legal representation, legal services, solicitors, speeches by sally

‘Lord Justice Jackson gave the keynote speech at the Solicitors’ Costs Conference on 2 February 2016.’

Full speech

Courts and Tribunals Judiciary, 4th February 2016

Source: www.judiciary.gov.uk

Unjust Kingdom: why legal aid cuts require action and innovation – Halsbury’s Law Exchange

Posted February 3rd, 2016 in budgets, fees, human rights, legal aid, legal profession, legal representation, news by sally

‘In a debate, held on 10 December 2015 (Human Rights Day), Lord Howarth of Newport succinctly summarised the consequences of the legal aid cuts as a; “denial of access to justice, human suffering, failure to achieve the intended savings, and damage to the legal profession.”’

Full story

Halsbury’s Law Exchange, 2nd February 2016

Source: www.halsburyslawexchange.co.uk

Paedophile awarded legal aid in fight to see son, eight – Daily Telegraph

Posted February 2nd, 2016 in child abuse, custody, family courts, legal aid, legal representation, news, parental rights by sally

‘Convicted sex criminal, named only as ‘Q’, was given taxpayer funding on human rights grounds to fight lack of contact with son.’

Full story

Daily Telegraph, 1st February 2016

Source: www.telegraph.co.uk

Who Guards the Guardians? – Family Law Week

Posted February 1st, 2016 in adoption, children, codes of practice, consultations, families, family courts, guardianship, interpretation, legal representation, news by sally

‘The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.’

Full story

Family Law Week, 31st January 2016

Source: www.familylawweek.co.uk

Almost half of asylum seekers unhappy with their lawyers, report finds – Legal Futures

Posted January 19th, 2016 in asylum, complaints, immigration, law firms, legal representation, news, reports, solicitors by sally

‘Almost half of asylum seekers are not satisfied with the service provided by their lawyers, a report for the Solicitors Regulation Authority (SRA) and the Legal Ombudsman (LeO) has found.’

Full story

Legal Futures, 18th January 2016

Source: www.legalfutures.co.uk

The scales of justice and the establishment – OUP Blog

Posted January 19th, 2016 in criminal justice, Crown Prosecution Service, inquiries, legal representation, news, sexual offences by sally

‘Reports that luminaries of the ‘establishment,’ including Archbishop Carey, were queuing up to write letters directly to the Director of Public Prosecutions in support of Bishop Peter Ball, who was eventually convicted of numerous sex offences, is hardly a revelation. Bishops of the Church of England move in the rarefied circles of the establishment, such as the London clubs. Bishop Ball’s influential friends promoted the interests of their friend. What else are friends for? No doubt, those who wrote in Bishop Ball’s defence did so in good faith and were, hopefully, as astounded by his eventual confession as the rest of us were outraged.’

Full story

OUP Blog, 18th January 2016

Source: www.blog.oup.com

Sgt Alexander Blackman’s wife ‘cautiously optimistic’ of new appeal – Daily Telegraph

Posted December 17th, 2015 in appeals, armed forces, Criminal Cases Review Commission, evidence, families, legal representation, mental health, murder, news by sally

‘The wife of a Royal Marine given a life sentence for murdering a Taliban captive has said she is cautiously optimistic new evidence will see his case sent back to the Appeal Court.’

Full story

Daily Telegraph, 16th December 2015

Source: www.telegraph.co.uk

Separate Representation, Conflicts and Costs: A Practical View from the Bar – Littleton Chambers

Posted December 9th, 2015 in costs, drafting, legal representation, negligence, news by sally

‘In his monthly column, James Bickford Smith discusses the decision in Ong and others v Ping [2015] EWHC 3258 (Ch) and the apparent revival of the “rule” in Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601.’
Full story

Littleton Chambers, 4th December 2015

Source: www.littletonchambers.co.uk

Polling shows public lack confidence in justice system – The Bar Council

Posted November 26th, 2015 in citizens advice bureaux, civil justice, legal representation, press releases, pro bono work, reports by sally

‘Polling results in the Citizens Advice report, Responsive justice: How citizens experience the justice system, show that voters lack confidence in our legal system and have concerns over access to justice.’

Full press release

The Bar Council, 24th November 2015

Source: www.barcouncil.org.uk

Poor quality advocacy is endangering youth justice – Legal Voice

Posted November 24th, 2015 in advocacy, legal representation, news, reports, young offenders, youth courts by sally

‘Access to justice for young and vulnerable offenders is being endangered by variable advocacy standards amongst lawyers acting in youth court proceedings, a new report claims.’

Full story

Legal Voice, 20th November 2015

Source: www.legalvoice.org.uk

Public plead for free legal advice before deciding whether to go to court – Legal Futures

Posted November 24th, 2015 in citizens advice bureaux, civil justice, dispute resolution, law centres, legal aid, legal representation, legal services, news by sally

‘Any person thinking about taking their case to court should be able to see a lawyer without cost at least once, according to an opinion poll conducted as part of work on the public perception of justice.’

Full story

Legal Futures, 24th November 2015

Source: www.legalfutures.co.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

Posted November 18th, 2015 in bail, barristers, bills, budgets, civil justice, closed material, costs, Court of Protection, criminal courts charge, criminal justice, diversity, DNA, expert witnesses, family courts, fees, forensic science, human rights, investigatory powers, judges, judiciary, law firms, legal aid, legal profession, legal representation, pilot schemes, sexual offences, solicitors, speeches by sally

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

Full transcript

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk