Category: legal representation

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

Posted June 23rd, 2020 in appeals, coronavirus, legal aid, legal profession, legal representation, news, regulations, remuneration by sally

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

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UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org

Re C – appeal about a hybrid hearing – Transparency Project

Posted June 16th, 2020 in barristers, coronavirus, human rights, legal representation, news, remote hearings by sally

‘The issue was that the case required a resumption of a finding of fact hearing and that the leading barrister for the children’s mother was “shielding” so could not attend court in person with her client. The mother appealed a decision in the High Court by Mr Justice Williams that the hearing go ahead in June as a “hybrid” hearing i.e. with some parties and lawyers in the court room and others online.’

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Transparency Project, 12th June 2020

Source: www.transparencyproject.org.uk

Absence of shielding QC “does not make in-person hearing unfair” – Legal Futures

Posted June 11th, 2020 in barristers, coronavirus, human rights, legal representation, news, queen's counsel, remote hearings by sally

‘A QC’s inability to attend court in person because she is shielding, unlike the other counsel in a case, will not make the hearing unfair, the Court of Appeal has ruled.’

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Legal Futures, 10th June 2020

Source: www.legalfutures.co.uk

Black lawyers launch initiative to fight racial injustice – Legal Futures

Posted June 5th, 2020 in barristers, equality, legal profession, legal representation, news, pupillage, race discrimination, racism by sally

‘A group of lawyers has begun crowdfunding to support a new initiative aiming to combat racial injustice by facilitating access to justice, funding and legal representation.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Group litigation – taking the lead – Doughty Street Chambers

Posted June 4th, 2020 in class actions, legal representation, news, personal injuries, solicitors by sally

‘Dominic Lis Waniso Lungowe & ors v Vedanta Resources PLC & anor [2020] EWHC 749 (TCC) gives important guidance on the position and role of lead solicitors in group litigation. It highlights the need for careful written arrangements setting out the relationship between lead and other solicitors and their respective responsibilities.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Arrested children may be given legal advice automatically – Legal Futures

Posted May 4th, 2020 in children, criminal justice, legal representation, legal services, news, police, solicitors, young offenders, young persons by sally

‘The government is considering whether children in police stations should have to opt out of receiving legal advice, rather than opt in as now, it has emerged.’

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Legal Futures, 4th May 2020

Source: www.legalfutures.co.uk

Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures

Posted March 5th, 2020 in champerty, contracts, disclosure, law firms, legal representation, news by tracey

‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’

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Litigation Futures, 5th March 2020

Source: www.litigationfutures.com

Home Office to release information about detainees’ access to lawyers – The Guardian

Posted February 19th, 2020 in appeals, deportation, detention, government departments, immigration, legal representation, news, telecommunications by sally

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

Home Office told to act as detainees unable to contact lawyers – The Guardian

Posted February 6th, 2020 in deportation, detention, legal representation, news, telecommunications by sally

‘The Home Office has been accused of holding immigration detainees effectively incommunicado, with a lack of mobile signal preventing them from contacting lawyers or family, days before a mass deportation flight to Jamaica.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Article 6 breaches prove no magic bullet for convictions on appeal (R v Abdurahman) – 5 SAH

Posted February 5th, 2020 in appeals, assisting offenders, chambers articles, human rights, legal representation, news, police, police interviews, professional conduct, terrorism, trials by sally

‘Rebecca Hill provides her Corporate Crime analysis for Lexis Nexis PSL: The Court of Appeal considered the safety of the conviction of Abdurahman who had assisted one of the 21/7 London bombers after the event. It reaffirmed that its purpose is to objectively appraise the safety of a conviction looking to all the circumstances, notwithstanding in this case a finding by the Grand Chamber of the European Court of Human Rights (ECtHR) that Mr Abdurahman’s rights under Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) had been breached.’

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5 SAH, 3rd February 2020

Source: www.5sah.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

Posted February 5th, 2020 in care orders, children, codes of practice, families, family courts, guardianship, legal representation, news by tracey

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

Posted February 5th, 2020 in care orders, children, codes of practice, families, family courts, guardianship, legal representation, news by tracey

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

Out of time but not out of mind – Nearly Legal

Posted February 3rd, 2020 in appeals, delay, homelessness, housing, legal aid, legal representation, news, reasons, statutory interpretation, time limits by sally

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

Posted February 3rd, 2020 in appeals, delay, homelessness, housing, legal aid, legal representation, local government, news, time limits by sally

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Fake lawyer who represented clients in High Court faces jail time – Daily Telegraph

Posted January 21st, 2020 in legal representation, news, prosecutions, solicitors, Solicitors Regulation Authority by sally

‘A man who pretended to be a qualified and experienced solicitor as he represented clients at the High Court is facing a possible jail sentence.’

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Daily Telegraph, 20th January 2020

Source: www.telegraph.co.uk

Guildford pub bomb inquest family ‘never going to get justice’ – BBC News

Posted December 18th, 2019 in bereavement, coroners, explosives, families, inquests, legal aid, legal representation, licensed premises, news, Northern Ireland, terrorism, victims by sally

‘A woman who lost her soldier sister in the Guildford pub bombings has said her family are “never going to get justice” even though the inquest has resumed.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

McKenzie Friends giving “biased and misleading” online advice – Legal Futures

Posted December 11th, 2019 in family courts, fees, internet, legal representation, legal services, McKenzie friends, news, social services by tracey

‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’

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Legal Futures, 11th December 2019

Source: www.legalfutures.co.uk

Good practice for lawyers towards litigants in person – Family Law

Posted December 11th, 2019 in barristers, codes of practice, family courts, judiciary, legal aid, legal profession, legal representation, litigants in person, news, solicitors by tracey

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 10th December 2019

Source: www.familylaw.co.uk

Lawyers want crackdown on ‘unscrupulous’ untrained advocates who put public at risk – Daily Telegraph

Posted December 9th, 2019 in advocacy, barristers, Law Society, legal aid, legal profession, legal representation, McKenzie friends, news, perverting the course of justice by sally

‘A new breed of untrained legal advocates who are ripping off the public with “flawed” and “dangerous” legal advice should be banned, lawyers’ leaders and politicians have urged ministers.’

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Daily Telegraph, 8th December 2019

Source: www.telegraph.co.uk

‘McKenzie friends’ must be banned because courts are being overrun by untrained advocates, senior politicians say – Daily Telegraph

Posted December 9th, 2019 in advocacy, courts, Law Society, legal aid, legal profession, legal representation, McKenzie friends, news, solicitors by sally

‘A new breed of untrained legal advocates who are ripping off the public with “flawed” and “dangerous” legal advice should be banned, lawyers’ leaders and politicians have urged ministers.’

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Daily Telegraph, 8th December 2019

Source: www.telegraph.co.uk