Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

High Court ruling expected to widen scope of legal aid for parents – Law Society’s Gazette

‘The High Court’s decision in a challenge brought by a domestic abuse complainant against the Ministry of Justice will widen the scope of legal aid for parents who share caring arrangements, a public law campaign group has said.’

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Law Society's Gazette, 9th March 2023

Source: www.lawgazette.co.uk

UK mother unlawfully denied legal aid in case against abusive ex, court rules – The Guardian

‘A decision to deny a single mother legal aid to enforce a child custody agreement against her abusive ex-partner was unlawful, the high court has ruled.’

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The Guardian, 9th March 2023

Source: www.theguardian.com

Court of Appeal rejects claim by mother Family Court should not have made placement order after her lawyers withdrew at advanced stage – Local Government Lawyer

‘The Family Court did not act unfairly when a judge refused to adjourn an adoption case when the mother’s solicitors withdrew at a late stage, the Court of Appeal had decided.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Domestic abuse victims ‘still being cross-examined by alleged perpetrator’ – Law Society’s Gazette

‘Victims of domestic abuse are still being cross-examined by alleged perpetrators in the family courts despite the “appalling practice” being banned by the Domestic Abuse Act, women’s charities and solicitors have told the lord chancellor.

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Law Society's Gazette, 12th February 2023

Source: www.lawgazette.co.uk

MoJ: Number of unrepresented claimants is not measure of OIC success – Legal Futures

‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’

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Legal Futures, 30th November 2022

Source: www.legalfutures.co.uk

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

Parents of dying baby “should have had adjournment” after lawyers withdrew – Legal Futures

Posted September 13th, 2022 in adjournment, children, hospitals, legal aid, legal representation, medical treatment, news by tracey

‘A High Court judge was wrong to refuse an adjournment sought by parents of a brain-damaged baby who lost their legal representation shortly before a hearing on withdrawing treatment, the Court of Appeal has ruled.’

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Legal Futures, 13th September 2022

Source: www.legalfutures.co.uk

Immigrants And Asylum Seekers Locked In Cells For Up To 24 hrs Without Legal Representation – Each Other

Posted August 31st, 2022 in asylum, detention, immigration, legal representation, news, prisons by sally

‘People held in Immigration Removal Centres (IRC) have long been entitled to 30 minutes of free immigration legal advice but this does not extend to people held under the immigration act in prisons.’

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Each Other, 30th August 2022

Source: eachother.org.uk

Solicitors’ agents and rights of audience – appeal decision – Nearly Legal

‘This is an issue that has come up here a few times (eg this post and this post) – the rights of audience of people who do not have a right of audience in their own right, but attend hearings to carry out advocacy. Now we have a County Court detailed appeal decision on the issue (not binding, but as an appeal to a circuit judge, of persuasive value).’

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Nearly Legal, 7th August 2022

Source: nearlylegal.co.uk

BSB to probe if solicitors give clients choice when instructing barristers – Legal futures

‘The Bar Standards Board (BSB) is to gather evidence from solicitors on how they choose a barrister, including whether they offer their clients a choice – or even take account of a client’s views.’

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Legal Futures, 14th July 2022

Source: www.legalfutures.co.uk

News focus: Divorcing couples are increasingly seeking joint representation – Law Society’s Gazette

Posted July 12th, 2022 in divorce, legal representation, legal services, news, solicitors by tracey

‘Separating couples are increasingly asking to be represented by the same solicitor. Those involved believe this “one lawyer” service could be the future – and not just for family law.’

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Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk

‘The worst law on earth’: why the rich love London’s reputation managers – The Guardian

‘Boris Johnson has vowed to level the playing field on which oligarchs stifle those who scrutinise them. How can he do it?’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building

‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’

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Farrar's Building, 5th May 2022

Source: www.farrarsbuilding.co.uk

R v Daniels: returning instructions – Doughty Street Chambers

Posted May 18th, 2022 in appeals, barristers, chambers articles, legal representation, news by sally

‘Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment in R v Daniels.’

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Doughty Street Chambers, 10th May 2022

Source: insights.doughtystreet.co.uk

LiP loses costs challenge over ‘no longer instructed’ barrister – Law Society’s Gazette

‘A litigant who tried to argue that his costs order was agreed by a barrister who was no longer instructed has lost a court challenge.’

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Law Society’s Gazette, 9th May 2022

Source: www.lawgazette.co.uk

Capacity to litigate – Family Law

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

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Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk