Case Law Update: Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, families, family courts, legal representation, news by sally

‘Sir Andrew McFarlane (President of the Family division) has handed down a very helpful and hotly anticipated judgment regarding the approach the court should adopt when it has directed a QLR be appointed for a party but no QLR has been found. Sir Andrew McFarlane took the opportunity to provide this judgment following a substantive judgment given at the conclusion of a fact-finding hearing.’

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Parklane Plowden Chambers, 19th February 2024

Source: www.parklaneplowden.co.uk

Litigant misled court over response from other side’s solicitors – Legal Futures

Posted February 27th, 2024 in auctioneers, disclosure, legal representation, litigants in person, news by tracey

‘A litigant in person who made a ‘without notice’ application to move property transactions to completion, blaming the other side’s solicitors for not replying to him, mislead the court, a judge has found.’

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Legal Futures, 27th February 2024

Source: www.legalfutures.co.uk

Appeal judges reject attempts to blame lawyers for convictions – Legal Futures

‘The Court of Appeal has rejected two separate attempts by convicted criminals to blame poor performance by lawyers for their convictions.’

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Legal Futures, 22nd February 2024

Source: www.legalfutures.co.uk

Civil case over £237m collapse of London Capital & Finance opens – with counsel leaving – Law Society’s Gazette

Posted February 20th, 2024 in barristers, fees, insolvency, legal representation, news, unfair commercial practices by tracey

‘Counsel for a defendant in a civil case concerning the £237m collapse of mini bond issuer London Capital & Finance excused themselves from court on the first hearing day this morning – stating that there was no prospect of their fees being paid.’

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Law Society's Gazette, 19th February 2024

Source: www.lawgazette.co.uk

Wasted costs against representative acting according to client’s instructions refused – Law Society’s Gazette

‘An employment judge has refused an application for wasted costs against a lay representative after finding he only “did his client’s bidding.”’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

Qualified legal representatives will now get expenses but Law Soc says fees ‘still too low’ – Law Society’s Gazette

‘The Law Society has welcomed the announcement that expenses will be added to the qualified legal representative (QLR) scheme in domestic abuse cases, but says fees are still too low.’

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Law Society's Gazette, 11th December 2023

Source: www.lawgazette.co.uk

Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette

‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

High Court refuses Indian lawyer right to address court – Legal Futures

Posted October 23rd, 2023 in banking, India, legal representation, news by tracey

‘The High Court has refused an Indian lawyer permission to appear for an Indian company that had dismissed its English solicitors and barristers shortly before trial.’

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Legal Futures, 23rd October 2023

Source: www.legalfutures.co.uk

“Relatively straightforward” for barristers to avoid cab-rank rule – Legal Futures

‘It seems “relatively straightforward” for barristers to avoid the cab-rank rule by relying on exemptions, the Legal Services Board (LSB) has said.’

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Legal Futures, 17th October 2023

Source: www.legalfutures.co.uk

Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Is it time to re-assess the cab rank rule? – Doughty Street Chambers

‘In March, 2023, many lawyers, including 18 barristers, signed a “declaration” that they will not prosecute climate-change activists or act for those promoting new fossil fuel projects. Is the ‘cab rank rule’ [Code rC28 -29] under threat?’

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Doughty Street Chambers, 20th July 2023

Source: insights.doughtystreet.co.uk

Judge was wrong to allow 14-year-old boy in care proceedings instruct own solicitor, Court of Appeal rules – Local Government Lawyer

Posted August 1st, 2023 in care orders, children, family courts, legal representation, news by sally

‘The Court of Appeal has allowed a mother’s appeal against an order permitting a 14-year-old boy in care proceedings to instruct his own solicitor.’

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Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Judge wrong to let 14-year-old boy instruct solicitor – Legal Futures

Posted July 27th, 2023 in care orders, children, family courts, legal representation, news by sally

‘A family court judge was wrong to order that a 14-year-old boy be allowed to instruct his own solicitor in care proceedings, the Court of Appeal has ruled.’

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Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Boosted UK legal aid rates ‘not enough’ to deal with Rwanda asylum cases – The Guardian

‘The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that there are sufficient immigration lawyers to deal with the government’s controversial scheme to send asylum seekers to Rwanda.’

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The Guardian, 5th July 2023

Source: www.theguardian.com

Bar chair calls for private prosecutions rethink after Post Office scandal – Legal Futures

‘It is time to look “very carefully” at whether those who “regarded themselves as victims” should be able to bring private prosecutions in the wake of the Post Office scandal, the chair of the Bar Council has said.’

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Legal Futures, 15th June 2023

Source: www.legalfutures.co.uk

Access to vital legal support extended to millions of vulnerable people – Ministry of Justice

‘Domestic abuse victims and children are among millions more people who will have access to legal aid under major government investment to support those who need it most.’

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Ministry of Justice, 25th May 2023

Source: www.gov.uk

Post Office scandal highlights risk of lawyers “absorbing client’s view” – Legal Futures

Posted May 5th, 2023 in barristers, legal representation, legal services, news, postal service by tracey

‘The Post Office scandal highlights the dangers of lawyers absorbing and reflecting back their client’s view “without sufficient independence and critical detachment”, academics have argued.’

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Legal Futures, 5th May 2023

Source: www.legalfutures.co.uk

Family members taking on vulnerable children to receive better legal support – Ministry of Justice

‘Extended family members seeking to provide long-term, stable care for vulnerable children will be able to access free legal advice, thanks to new government investment announced today (30 April 2023).’

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Ministry of Justice, 1st May 2023

Source: www.gov.uk

Legal aid widened but grandparents ‘will fall through justice gap’ – Law Society’s Gazette

‘The scope of legal aid has been widened to family and friends applying to look after a vulnerable child – however, the Law Society says the changes do not go far enough.’

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Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Ethics and access: striking the right balance – Bar Standards Board

‘What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client?’

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Bar Standards Board, 28th April 2023

Source: www.barstandardsboard.org.uk