Category: litigants in person

Lithuanian MPs petition Lords Speaker over child custody case – The Guardian

Posted May 13th, 2015 in children, custody, EC law, human rights, immigration, international relations, legal aid, litigants in person, news by tracey

‘A delegation of Lithuanian MPs has written to the House of Lords complaining about the removal of a 12-year-old girl from her mother, alleging that she is being deprived of her cultural inheritance. The letter, sent to the Speaker of the House of Lords, Lady D’Souza, is the second high-profile intervention by a Baltic state in UK care proceedings this year and reflects a growing rift between EU states over practices in custody proceedings.’

Full story

The Guardian, 12th May 2015

Source: www.guardian.co.uk

Alleged sex abuser’s legal claim challenged in court – Daily Telegraph

Posted April 30th, 2015 in children, cross-examination, legal aid, litigants in person, news, sexual offences by sally

‘Man claimed to have abused former partner’s daughter should not have lawyers’ fees paid by the taxpayer, Government argues.’

Full story

Daily Telegraph, 29th April 2015

Source: www.telegraph.co.uk

Late applications to amend come a cropper in High Court – Litigation Futures

Posted April 30th, 2015 in amendments, banking, case management, delay, evidence, litigants in person, news by sally

‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story

Litigation Futures, 29th April 2015

Source: www.litigationfutures.com

Dyson: ‘we must simplify Civil Procedure Rules’ – Law Society’s Gazette

Posted April 24th, 2015 in civil justice, Civil Justice Council, civil procedure rules, delay, litigants in person, news by sally

‘The master of the rolls has called for further simplification of the Civil Procedure Rules to reduce delays in the justice system.’

Full story

Law Society’s Gazette, 23rd April 2015

Source: www.lawgazette.co.uk

Lack of representation ‘particularly unfair’ in emotive cases – Law Society’s Gazette

Posted April 17th, 2015 in family courts, legal representation, litigants in person, news by sally

‘A judge has stressed the importance of having lawyers in family court proceedings to prevent emotional self-represented litigants behaving in ways they might regret.’

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Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

Posted April 8th, 2015 in civil procedure rules, costs, damages, dispute resolution, fees, limitations, litigants in person, news, part 36 offers, personal injuries, time limits by sally

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

Full story

Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

DIY Justice – Panorama

Posted March 31st, 2015 in care orders, legal aid, legal representation, litigants in person, news by sally

‘Raphael Rowe meets the parents fighting for access to their children without any legal assistance. Cuts to legal aid mean they must represent themselves in court.’

iPlayer

Panorama, 30th March 2015

Source: www.bbc.co.uk

Unlocking the Funds for Justice – Pro Bono Costs – Family Law Week

Posted March 19th, 2015 in costs, legal aid, litigants in person, news, pro bono work by sally

‘Cyrus Larizadeh, barrister of 4 Paper Buildings and Senate House Chambers, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.’

Full story

Family Law Week, 16th March 2015

Source: www.familylawweek.co.uk

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

Posted February 26th, 2015 in electronic filing, immigration, litigants in person, news, tribunals, video recordings by sally

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Full story

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

Legal aid cuts exposing domestic abuse victims to court ordeal, says report – The Guardian

Posted February 19th, 2015 in cross-examination, domestic violence, legal aid, litigants in person, news, reports, victims by sally

‘Victims of domestic abuse increasingly face being cross-examined by their attackers because legal aid cuts make it difficult to qualify for courtroom representation, according to research by Citizens Advice.’

Full story

The Guardian, 19th February 2015

Source: www.guardian.co.uk

Legal experts call for English ‘online court’ to handle low-value civil court cases – OUT-LAW.com

Posted February 18th, 2015 in civil justice, electronic filing, internet, litigants in person, news by sally

‘An online mechanism should be set up to handle low-value civil court cases, with judges removed entirely from the process for the simplest cases, according to a new report.’

Full story

OUT-LAW.com, 17th February 2015

Source: www.out-law.com

Financial Remedies Working Group final report – Judiciary.gov.uk

Posted January 28th, 2015 in arbitration, costs, divorce, family courts, financial provision, litigants in person, McKenzie friends, reports by tracey

‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.

The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’

Final report

Judiciary of England and Wales, 28th January 2015

Source: www.judiciary.gov.uk

‘Justice under threat’ as defendants face court alone due to legal aid cuts – The Independent

Posted January 20th, 2015 in criminal justice, legal aid, legal representation, litigants in person, news by sally

‘The principle of fair justice is being undermined by the growing number of criminal defendants forced to represent themselves in court, magistrates from across the country warn in a survey to be released today [19 January].’

Full story

The Independent, 19th January 2015

Source: www.independent.co.uk

Unrepresented parents in family cases: are errors going unnoticed? – Halsbury’s Law Exchange

Posted January 14th, 2015 in children, delay, families, family courts, litigants in person, news by tracey

‘Is a lack of legal representation in family cases increasing the likelihood of procedural errors going unnoticed? The judgment in Re P (A Child) suggests that there is a pressing need for change by the courts and judiciary.’

Full story

Halsbury’s Law Exchange, 14th January 2015

Source: www.halsburyslawexchange.co.uk

How to make family hearings fair – UK Human Rights Blog

Posted January 6th, 2015 in children, cross-examination, families, human rights, legal representation, litigants in person, news, sexual offences, trials by sally

‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’

Full story

UK Human Rights Blog, 5th January 2015

Source: www.ukhumanrightsblog.com

Judge orders MoJ to pay for LiP’s lawyer – Law Society’s Gazette

Posted January 6th, 2015 in children, costs, cross-examination, legal representation, litigants in person, Ministry of Justice, news by sally

‘The High Court has ordered the government to pay for a litigant in person to be represented at a hearing despite his lack of eligibility for legal aid.’

Full story

Law Society’s Gazette, 5th January 2015

Source: www.lawgazette.co.uk

Court of Appeal: litigants in person may get help with relief from sanctions, but only “at the margins” – Litigation Futures

Posted January 5th, 2015 in appeals, boundaries, civil procedure rules, expert witnesses, legal representation, litigants in person, news, time limits by sally

‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’

Full story

Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson – WLR Daily

Posted December 19th, 2014 in appeals, citizenship, civil procedure rules, delay, law reports, litigants in person, time limits by sally

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633; [2014] WLR (D) 538

‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

Extensions of Time to File Notices of Appeal and Relief from Sanctions: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson – Zenith PI Blog

Posted December 17th, 2014 in appeals, citizenship, civil procedure rules, delay, internet, legal representation, litigants in person, news, time limits by sally

‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’

Full story

Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

LCJ: why is the cost of legal services increasing, despite more competition? – Legal Futures

Posted December 16th, 2014 in arbitration, competition, costs, legal services, litigants in person, news, reports by tracey

‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’

Full story

Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk