Witness statements by advocates – Free Movement

Posted January 29th, 2015 in advocacy, barristers, immigration, news, tribunals, witnesses by sally

‘Where something goes badly wrong at a hearing it is sometimes necessary for the advocate who was present to explain events as part of the appeal process. It has become customary in immigration proceedings for the advocate to have to write a witness statement and therefore, because he or she is by doing so giving evidence, to stand down from the case and hand over to a colleague. Upper Tribunal judges have seemed insistent that an advocate can barely breath a word of what might have happened at the previous hearing without spontaneously combusting.’

Full story

Free Movement, 28th January 2015

Source: www.freemovement.org.uk

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Barristers, costs and the influence of money on lawyers – Legal Week

Posted January 23rd, 2015 in barristers, costs, fees, news by sally

‘Lord Grabiner’s cross-examination yesterday (21 January) by the Treasury Select Committee investigating the Bank of England’s role in the forex scandal provides an interesting opportunity to reflect on barristers, costs and the influence of money on lawyers.’

Full story

Legal Week, 22nd January 2015

Source: www.legalweek.com

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Public access barrister wins appeal after BSB evidence blunder – Law Society’s Gazette

Posted January 22nd, 2015 in appeals, barristers, disciplinary procedures, disclosure, evidence, news by sally

‘A public access barrister disbarred for fabricating client letters has won his appeal after the Bar Standards Board was found to have withheld crucial evidence.’

Full story

Law Society’s Gazette, 20th January 2015

Source: www.lawgazette.co.uk

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Child sex abuse inquiry panel suspends all work – Daily Telegraph

Posted January 22nd, 2015 in barristers, child abuse, inquiries, news, sexual offences by sally

‘Members of the Government’s inquiry into historic child sex abuse have refused to do any more work until their future is decided.’

Full story

Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

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Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

Full story

Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

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DPP to consult on greater assistance to victims giving evidence at court – Crown Prosecution Service

‘Alison Saunders, the Director of Public Prosecutions, has today [19 January 2015] published a major consultation on the approach to ensuring victims are properly assisted for the trial process at court and called for an overhaul of the service provided to witnesses to ensure that they are able to give the best possible evidence. The proposals are subject to an eight week public consultation.’

Full consultation

Crown Prosecution Service, 19th January 2015

Source: www.cps.gov.uk

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Rape victims will be warned of defence lawyer tactics under new guidelines – Daily Telegraph

‘Director of Public Prosecutions launches controversial new guidelines intended to help victims and witnesses through giving evidence in court.’

Full story

Daily Telegraph, 19th January 2015

Source: www.telegraph.co.uk

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Proportionality rule bites as High Court slashes costs claim by more than half – Litigation Futures

Posted January 16th, 2015 in barristers, fees, news, proportionality, solicitors by sally

‘The High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, with the fees charged by the partner running the case hit particularly hard.’

Full story

Litigation Futures, 16th January 2015

Source: www.litigationfutures.com

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Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

Full story

Free Movement, 7th January 2015

Source: www.freemovement.org.uk

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Law Society questions value of cab-rank rule – Legal Futures

Posted January 7th, 2015 in barristers, contracts, fees, Law Society, legal representation, news, solicitors by tracey

‘The Law Society has responded to a Bar Standards Board (BSB) call for evidence on the cab-rank rule by questioning its “operational value”.’

Full story

Legal Futures, 7th January 2015

Source: www.legalfutures.co.uk

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A new era for the Bar beckons as barristers can now apply to set up new business models without changing regulators – Bar Standard Board

Posted January 6th, 2015 in alternative business structures, barristers, legal profession, news by sally

‘From today, 5 January 2015, the Bar Standards Board (BSB) will accept applications from those wishing to set up BSB-regulated businesses (“entities”), owned and managed by lawyers, and which provide “reserved legal activities” such as appearing in court as an advocate. The barristers’ regulator is due to begin authorising applications in April this year.’

Full story

Bar Standards Board, 5th January 2015

Source: www.barstandardsboard.org.uk

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High Court: barrister has arguable discrimination claim against BSB – Legal Futures

‘A black barrister had an arguable case that she was indirectly discriminated against by the Bar Standards Board (BSB) through its disciplinary procedures, the High Court ruled yesterday.’

Full story

Legal Futures, 19th December 2014

Source: www.legalfutures.co.uk

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Appeal court throws out attack on Bar disciplinary tribunals over time-expired members – Legal Futures

Posted December 18th, 2014 in appeals, barristers, disciplinary procedures, inns of court, news, time limits by sally

‘Anomalies in the appointment of panel members to Bar disciplinary tribunals between 2006 and 2011 did not affect the validity of their findings, the Court of Appeal decided yesterday.’

Full story

Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

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QASA barristers in last throw of the dice with appeal to Supreme Court – Legal Futures

‘Four criminal law barristers have appealed to the Supreme Court in their judicial review of the Quality Assurance Scheme for Advocates (QASA) – despite a costs bill which already totals £215,000, Legal Futures can reveal.’

Full story

Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

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Declaration 2014: Legal Professional Privilege is vital to a fair trial – The Bar Council

‘Legal chiefs and academics today demanded new laws to stop police and security services from spying on meetings between lawyers and their clients.’

Full press release

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

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Representing Transgendered Clients – a guide for family lawyers – Family Law Week

‘Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson’s Buildings, offers a guide to the Gender Recognition Act 2004.’

Full story

Family Law week, 11th December 2014

Source: www.familylawweek.co.uk

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“Named and shamed” barrister hits back at “misleading” ombudsman – Legal Futures

Posted December 12th, 2014 in barristers, complaints, disciplinary procedures, legal ombudsman, news by sally

‘The first lawyer to be “named and shamed” by the Legal Ombudsman (LeO) for a series of complaints has argued that he is only “trying to adapt to new market forces”.’

Full story

Legal Futures, 12th December 2014

Source: www.legalfutures.co.uk

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“We’re all in this together”, says incoming Bar Council Chairman in Inaugural Address – The Bar Council

Posted December 10th, 2014 in barristers, budgets, fees, judicial review, legal aid, news by sally

‘Incoming Chairman of the Bar Council, Alistair MacDonald QC, has pledged he will “continue the excellent work” started by predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.’

Full story

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

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New Bar leader: young barristers should take place of paid McKenzie Friends – Legal Futures

Posted December 10th, 2014 in barristers, fees, McKenzie friends, news, solicitors by sally

‘Junior barristers should get themselves accredited for direct access work and act in cases where people are currently relying on paid McKenzie Friends, the incoming Bar Council chairman has said as he promised to promote direct access to the public.’

Full story

Legal Futures, 10th December 2014

Source: www.legalfutures.co.uk

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Public access barrister named as ‘a risk’ to clients – Law Society’s Gazette

Posted December 9th, 2014 in barristers, complaints, disciplinary procedures, disclosure, legal ombudsman, news by sally

‘The Legal Ombudsman has taken the unprecedented step of naming a lawyer who has been subject to 25 complaints in the past two years.’

Full story

Law Society’s Gazette, 9th December 2014

Source: www.lawgazette.co.uk

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