The Jeffrey’s Review – a challenge to the Bar – Halsbury’s Law Exchange

‘On 7 May 2014 the report by Sir Bill Jeffrey on “Independent criminal advocacy in England and Wales”, the first of the triumvirate of reports into the state of the criminal justice system, was issued. It is a mixed bag. Many lawyers were hoping for more, specifically for ammunition in their battle with the MoJ, but that point is largely ducked. Whilst there is a lot that the (independent) bar can take comfort, and perhaps even pride in, make no mistake – however it is sugar-coated, this is not a homage to the Bar, or a plea to maintain the status quo.’


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Halsbury’s Law Exchange, 9th May 2014

Source: www.halsburyslawexchange.co.uk

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City fraud cases on brink of collapse in growing row over legal aid cuts – The Guardian

‘The biggest City fraud cases since the crash of 2008 are close to collapsing because of the government’s cuts to legal aid. The refusal of barristers to work at the government’s new low rates has already led to Judge Anthony Leonard throwing out charges against five men accused of conning investors out of their savings by selling them land at grotesquely inflated prices.’

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The Guardian, 10th May 2014

Source: www.guardian.co.uk

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Rise in rogue lawyers pocketing stamp duty payments – Daily Telegraph

Posted May 9th, 2014 in complaints, fees, legal ombudsman, news, solicitors, stamp duty by sally

‘The Legal Ombudsman has seen a spike in complaints about sloppy legal work around house purchases.’

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Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

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Legal Ombudsman and complaints about claims management companies – consultation on the fees framework – Ministry of Justice

Posted May 8th, 2014 in claims management, complaints, consultations, fees, legal ombudsman by tracey

‘In August 2012 the Government announced its intention for customers’ complaints about poor service provided by authorised claims management companies to be dealt with by the Legal Ombudsman. The Legal Ombudsman will provide a new avenue of redress for clients of claims management companies and will assist the Claims Management Regulator in driving out poor standards and practices in the market.

This paper sets out for consultation proposals as to how the costs the Legal Ombudsman will incur in dealing with complaints about authorised claims management companies may be recovered from the authorised claims management industry.’

Full consultation

Ministry of Justice, 7th May 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

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New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

Posted May 6th, 2014 in asbestos, courts, fees, insurance, lord chancellor, news, personal injuries, speeches by tracey

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

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Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

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Operation Cotton – what next? – Halsbury’s Law Exchange

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

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Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

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Statement from Bar Leaders on Very High Costs Cases – The Bar Council

Posted May 2nd, 2014 in barristers, contracts, costs, fees, press releases by tracey

‘The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement.”

Full press release

The Bar Council, 1st May 2014

Source: www.barcouncil.org.uk

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Barristers’ legal aid rebellion ‘risks collapse’ of top fraud cases – The Guardian

Posted May 2nd, 2014 in barristers, budgets, fees, fraud, legal aid, news, trials by tracey

‘A series of high-profile fraud prosecutions are at risk of collapse after a crown court judge halted a trial because specialist barristers are refusing to represent defendants in protest at 30% cuts in legal aid fees.’

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The Guardian, 1st May 2014

Source: www.guardian.co.uk

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Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple – The Inner Temple

Posted May 1st, 2014 in barristers, consultations, fees, inns of court, news by sally

Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple (PDF)

The Inner Temple, April 2014

Source: www.innertemple.org.uk

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Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

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High Court overturns “unlawful” Legal Ombudsman decision to cut firm’s fees – Legal Futures

Posted April 22nd, 2014 in appeals, compensation, fees, law firms, legal ombudsman, news by sally

‘The High Court has struck down an “unlawful and irrational” Legal Ombudsman (LeO) decision to reduce a law firm’s fee and compensate its client for distress and inconvenience.’

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Legal Futures, 22nd April 2014

Source: www.legalfutures.co.uk

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‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette

‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’

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Law Society’s Gazette, 17th April 2014

Source: www.lawgazette.co.uk

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Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

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Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk

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Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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Changes to UK laws aim to further curb number of cases going to employment tribunal – OUT-LAW.com

Posted April 8th, 2014 in arbitration, dispute resolution, employment tribunals, fees, news by sally

‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’

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OUT-LAW.com, 7th April 2014

Source: www.out-law.com

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Government confirms court fees increase within weeks – Law Society’s Gazette

Posted April 3rd, 2014 in civil justice, consultations, courts, fees, news by tracey

‘The Ministry of Justice has confirmed it will go ahead with a series of changes to court fees from 22 April.’

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Law Society’s Gazette, 2nd April 2014

Source: www.lawgazette.co.uk

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Domestic violence victims helped as injunction fees are scrapped – Ministry of Justice

Posted April 2nd, 2014 in civil justice, consultations, domestic violence, fees, injunctions, news by sally

‘Vulnerable domestic abuse victims will be helped by the scrapping of fees for domestic violence injunctions, Courts Minister Shailesh Vara has announced.’

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Ministry of Justice, 1st April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Legal aid cuts: six lawyers on why they will damage our justice system – The Guardian

‘Why have lawyers taken to the streets to protest against legal aid cuts? Self-interest or because they care about the havoc they see being wrought on our legal system?’

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The Guardian, 1st April 2014

Source: www.guardian.co.uk

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Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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