£500 “not enough” to pay for LiP’s legal advice on settlement – Litigation Futures

Posted November 12th, 2019 in costs, employment tribunals, fees, litigants in person, news, unfair dismissal by sally

‘Employers paying for an employee to speak to a lawyer about settling a dismissal dispute need to stump up significantly more than £500 for proper legal advice, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 12th November 2019

Source: www.litigationfutures.com

Court users with limited access to technology at risk of being left behind by court modernisation programme: MPs – Local Government Lawyer

‘Court users with limited access to computers, poor literacy or limited understanding of how the law works could be disadvantaged and potentially left going through a case with no legal advice as a result of the courts and tribunals modernisation programme, MPs have said.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Imprisoned former LiP fails Denton test over appeal four months late – Law Society’s Gazette

‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Inquisitorial inquests and barrister-blaming – Counsel

‘Families have no automatic right to legal aid at inquests where the state may be implicated and legal aid is means tested. Thus at many such hearings, the family fends for itself while culpable public bodies are represented at taxpayers’ expense.’

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Counsel, September 2019

Source: www.counselmagazine.co.uk

Judge praises LiPs denied adjournment to find solicitors – Litigation Futures

Posted September 20th, 2019 in adjournment, legal representation, litigants in person, news, probate by sally

‘A deputy master hearing a probate dispute in the High Court said the way litigants in person ran their defence justified a decision not to adjourn the case so they could instruct new lawyers.’

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Litigation Futures, 20th September 2019

Source: www.litigationfutures.com

Legal charities urge government to delay whiplash reforms – Legal Futures

‘Four leading legal charities have urged the government to delay next year’s whiplash reforms over fears that litigants in person and the organisations supporting them will be overwhelmed by the new regime.’

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Legal Futures, 13th August 2019

Source: www.legalfutures.co.uk

Employment tribunals: ‘I sued my boss and won’ – BBC News

‘In the early stages of a difficult second pregnancy, Charlotte Loubser had been sick, nauseous and found herself unable get out of bed.’

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BBC News, 23rd July 2019

Source: www.bbc.co.uk

Family courts ‘running up a down escalator’ due to increase in cases – The Guardian

Posted July 3rd, 2019 in budgets, family courts, legal aid, litigants in person, news by sally

‘Family courts are having to “run up a down escalator” to keep pace with unprecedented increases in childcare cases, the most senior family judge in England and Wales has said.’

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The Guardian, 3rd July 2019

Source: www.theguardian.com

Property damage “will be covered” by whiplash regime – Legal Futures

‘The whiplash portal for litigants in person will cover claims for property damage, in addition to personal injury and uninsured losses, the Motor Insurers Bureau (MIB) has confirmed.’

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Legal Futures, 2nd July 2019

Source: www.legalfutures.co.uk

Victims of discrimination ‘denied justice’ as legal aid cuts create ‘David vs Goliath’ scenario, report finds – The Independent

‘Victims of discrimination in England and Wales are being denied justice due to soaring legal aid cuts, the equalities watchdog has warned. The Equality and Human Rights Commission (EHRC) said people who had been discriminated against for reasons such as their race, gender or disability were being left to represent themselves in court, creating a “David vs Goliath” scenario or letting perpetrators to go entirely unchallenged.’

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The Independent, 19th June 2019

Source: www.independent.co.uk

Legal aid: students give ‘desperate’ clients free advice – BBC News

‘A free advice clinic provided by law students has a six-month waiting list because people on low incomes struggle to get a solicitor, its director says.’

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BBC News, 13th June 2019

Source: www.bbc.co.uk

First High Court guidance on proportionality leads to huge costs cut – Litigation Futures

Posted June 10th, 2019 in appeals, costs, litigants in person, news, proportionality, shareholders by sally

‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’

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Litigation Futures, June 2019

Source: www.litigationfutures.com

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Voices of children overlooked in family courts, says ex-head – BBC News

‘Family courts in England and Wales are not properly accommodating children’s voices and needs because the government has suggested “it would all cost too much”, their former head has said.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Unrepresented PI litigants to receive “expert view” on claims – Legal Futures

‘Unrepresented personal injury (PI) claimants under the new whiplash regime will have paid-for access to an “independent view” of their claim, the Ministry of Justice has revealed.’

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Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette

‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’

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Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

Fury over MoJ ‘betrayal’ on legal aid at inquests – Law Society’s Gazette

‘The Ministry of Justice has been accused of betraying those campaigning to ensure an equality of arms between bereaved families and the state at inquests.’

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Law Society's Gazette, 8th February 2019

Source: www.lawgazette.co.uk