Mothers’ names to be added to UK marriage registers in equality move – The Guardian

‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’

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The Guardian, 18th August 2014

Source: www.guardian.co.uk

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£230m wasted on needlessly holding people on remand, says Howard League – The Guardian

Posted August 18th, 2014 in budgets, charities, news, prisons, remand, sentencing, statistics by tracey

‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’

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The Guardian, 18th August 2014

Source: www.guardian.co.uk

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President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice – The World of Family Law (Garden Court Chambers)

‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’

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The World of Family Law (Garden Court Chambers), 8th August 2014

Source: www.gcfamily.wordpress.com

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The latest on cuts: Lessons for authorities following R (Draper) v Lincolnshire CC – Hardwicke Chambers

Posted August 7th, 2014 in budgets, consultations, judicial review, libraries, local government, news by sally

‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’

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Hardwicke Chambers, 5th August 2014

Source: www.hardwicke.co.uk

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Top judge authorises court to cover legal aid in challenge to government – The Guardian

‘One of the most senior judges in England and Wales has thrown down a direct challenge to the government over legal aid by suggesting courts spend money in defiance of Ministry of Justice cuts to ensure justice is done.’

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The Guardian, 6th August 2014

Source: www.guardian.co.uk

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The gaps in the welfare ‘safety net’ and the scope for using judicial review – Halsbury’s Law Exchange

‘Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis.’

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Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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Consulting on library cuts – Law Society’s Gazette

Posted August 4th, 2014 in budgets, consultations, libraries, local government, news by sally

‘Local authorities proposing sensitive budget cuts inevitably cross minefields laden with lethal legal ordnance. This generally includes volatile consultation and equalities devices. But following the decision of Collins J on 17 July in Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin), consultation may have become more complex.’

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Law Society’s Gazette, 4th August 2014

Source: www.lawgazette.co.uk

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Legal aid cuts: In the new landscape, it’s the lawyers who could now suffer – The Independent

Posted August 4th, 2014 in barristers, budgets, fees, legal aid, legal profession, news, solicitors by sally

‘Public access work allows barristers to bypass solicitors to gain clients on fixed fees agreed in advance.’

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The Independent, 3rd August 2014

Source: www.independent.co.uk

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End of the line for mediation? – New Law Journal

Posted August 1st, 2014 in budgets, dispute resolution, families, legal services, news by sally

‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’

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New Law Journal, 31st July 2014

Source: www.newlawjournal.co.uk

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Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted July 30th, 2014 in budgets, EC law, equality, judicial review, law reports by sally

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080; [2014] WLR (D) 338

‘Where decisions were made by a minister of state concerning matters of high level policy and economic, social and political judgment, involving the making of choices as to allocations of European Union structural funding between the four regions of the United Kingdom with the objectives, achievable in many different ways, of implementing the delivery of smart, sustainable and inclusive growth while promoting the harmonious development of the Union and reducing regional disparities, a wide margin of discretion was afforded the decision-maker, with which a court should only interfere if satisfied that the decisions were manifestly inappropriate or manifestly wrong.’

WLR Daily, 28th July 2014

Source: www.iclr.co.uk

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Solicitors will close if fee cuts not delayed, warns Law Society chief – The Guardian

Posted July 21st, 2014 in budgets, criminal justice, fees, law firms, legal aid, news by sally

‘Hundreds of solicitors’ firms will close if the Ministry of Justice does not postpone fee cuts and delay changes to criminal legal aid contracts, the new president of the Law Society has warned.’

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The Guardian, 21st July 2014

Source: www.guardian.co.uk

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Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

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The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk

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Parole system preparing for overload as Supreme Court ruling gives prisoners right to ‘hopeless’ hearings – The Independent

Posted July 14th, 2014 in budgets, news, oral hearings, parole, statistics, Supreme Court by sally

‘The parole system is preparing for overload after a ruling gave prisoners the right to have hearings even when there is no hope of release.’

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The Independent, 12th July 2014

Source: www.independent.co.uk

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New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

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Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

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Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

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Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

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Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

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Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

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Mitchell-Game, Set and Match? – NearlyLegal

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

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The Special Educational Needs (Personal Budgets) Regulations 2014 – Education Law Blog

‘These regulations will come into force on 1 September 2014. They basically extend the current pilot scheme for personal budgets to all local authorities and apply it to the new Education Health and Care Plans regime. I posted back in 2012 about the pilot scheme and these new regulations make very few changes to the substance of that scheme.’

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Education Law Blog, 28th June 2014

Source: www.education11kbw.com

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Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

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Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

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Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

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