Parents face funding test to stop their children going into care – The Bar Council

Posted November 20th, 2014 in care orders, legal aid, legal representation, press releases by tracey

‘Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.’

Full press release

The Bar Council, 17th November 2014

Source: www.barcouncil.org.uk

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Legal aid cuts ‘not thought through early enough’ – BBC News

Posted November 20th, 2014 in family courts, legal aid, legal representation, news, reports by tracey

‘The government did not “think through” its legal aid cuts early enough and “does not know” whether people in need of aid are getting it, a report says. The National Audit Office said £300m a year would eventually be saved but other impacts of changes were unknown.’

Full story

BBC News, 20th November 2014

Source: www.bbc.co.uk

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In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

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Parents face funding test to stop their children going into care – The Bar Council

Posted November 18th, 2014 in care orders, legal aid, legal representation, news by sally

‘Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.’

Full story

The Bar Council, 17th November 2014

Source: www.barcouncil.org.uk

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Legal Services Payment Orders and Maintenance Pending Suit – No. 5 Chambers

‘Anne Smallwood, family law barrister at No5 Chambers, recently gave a talk titled ‘Section 22 Z A – Getting Paid And M.P.S’ at the Family Money Talks Seminar 2014.’

Full story

No. 5 Chambers, 16th October 2014

Source: www.no5.com

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‘Wholly antiquated’: lord chief justice on court technology – LegalVoice

‘Our “antiquated” courts faced “severe crisis” without significant investment, the lord chief justice said yesterday. Lord Thomas of Cwmgiedd offered journalists a judicial perspective on the financial pressures being imposed upon the courts at his annual press conference.’

Full story

LegalVoice, 13th November 2014

Source: www.legalvoice.org.uk

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Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

Full story

The Independent, 31st October 2014

Source: www.independent.co.uk

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Legal aid cuts denied mother a fair hearing, says senior judge – The Guardian

‘A senior family court judge has condemned the injustice of the newly pared-back legal aid system after an illiterate mother of four, with poor sight and hearing, was forced to represent herself in a court hearing over the custody of her children.’

Full story

The Guardian, 2nd November 2014

Source: www.guardian.co.uk

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Parents speak of legal fight for children without a lawyer – BBC News

Posted October 14th, 2014 in arbitration, custody, legal representation, litigants in person, news by sally

‘”My daughter started school last month and I don’t even know what school she goes to.”

These are the words of a father who has not seen his daughter, now aged four, for two years.’

Full story

BBC News, 13th October 2014

Source: www.bbc.co.uk

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Challenge on inquests legal aid – Law Society’s Gazette

Posted October 13th, 2014 in inquests, judicial review, legal aid, legal representation, news by sally

‘The High Court has given permission for a judicial review of the government’s policy on legal aid funding for inquests. Mrs Justice Andrews (pictured) last week allowed the challenge against the lord chancellor’s guidance on inquest funding.’

Full story

Law Society’s Gazette, 13th October 2014

Source: www.lawgazette.co.uk

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Children: Private Law Update – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

Full story

Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

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We need more independence, BSB director says – Legalfutures

Posted September 12th, 2014 in barristers, consumer protection, legal representation, legal services, news by tracey

‘Dr Vanessa Davies, director of the Bar Standards Board (BSB), has made it clear that the regulator will push for more independence in the future.’

Full story

Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

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A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

Full story

The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

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State should pay for representation and witnesses in private child disputes – UK Human Rights Blog

‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’

Full story

UK Human Rights Blog, 31st August 2014

Source: www.ukhumanrightsblog.com

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Youth advocacy review established – Law Society’s Gazette

Posted August 19th, 2014 in advocacy, children, legal representation, news, young persons, youth courts by tracey

‘The Bar Standards Board and ILEX Professional Standards have issued a call for research organisations to help carry out an independent review of advocacy in the youth court.’

Full story

Law Society’s Gazette, 18th August 2014

Source: www.lawgazette.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.’

Full story

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

Source: www.gcfamily.wordpress.com

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R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

Full story

Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

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Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

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19,000 more parents in child cases with no lawyer – BBC News

‘More than 19,000 more parents appeared in civil courts with no lawyer in cases about children, in the year after legal aid cuts, it has emerged.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

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