Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers

Posted July 27th, 2015 in appeals, family courts, litigants in person, news, time limits by sally

‘The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can be encountered by parties acting in person in family proceedings, and the stark consequences that can flow from a simple failure to follow procedural rules. The decision gives some guidance on the circumstances to be considered when deciding an application for relief from sanctions, namely an application for permission to appeal out of time.’

Full story

No. 5 Chambers, 22nd June 2015

Source: www.no5.com

Comments Off on Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers

No damage caused by civil legal aid reforms, says defiant MoJ – Law Society’s Gazette

‘Cuts to civil legal aid have reduced the amount of “unnecessary and adversarial” litigation while ensuring funding is targeted at those who need it most, the government has said in response to a devastating report on changes to civil legal aid.’

Full story

Law Society’s Gazette, 14th July 2015

Source: www.lawgazette.co.uk

Comments Off on No damage caused by civil legal aid reforms, says defiant MoJ – Law Society’s Gazette

Mr Justice Mostyn: Nobody anticipated “savagery” of legal aid cuts – Legal Futures

Posted July 1st, 2015 in budgets, debts, legal aid, litigants in person, magna carta, news by sally

‘Mr Justice Mostyn has delivered some of the strongest judicial criticisms yet of the legal aid cuts and warned that “more are in prospect” under a majority Conservative government.’

Full story

Legal Futures, 1st July 2015

Source: www.legalfutures.co.uk

Comments Off on Mr Justice Mostyn: Nobody anticipated “savagery” of legal aid cuts – Legal Futures

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

Full story

Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Comments Off on Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

Bar Council joins forces with northern barristers to launch “go-to website” for direct access – Legal Futures

‘The Bar Council has joined forces with the two Preston-based barristers behind the Direct Access Portal (DAP) to relaunch it as the “go-to website” for consumers looking for a barrister.’

Full story

Legal Futures, 22nd June 2015

Source: www.legalfutures.co.uk

Comments Off on Bar Council joins forces with northern barristers to launch “go-to website” for direct access – Legal Futures

Surge in ‘DIY’ justice sparks guidelines for lawyers – The Bar Council

Posted June 19th, 2015 in legal profession, litigants in person, press releases by tracey

‘A surge in the number of people representing themselves in court has prompted legal organisations to draft guidelines for lawyers who come up against people who find themselves in court without legal representation.’

Full press release

The Bar Council, 18th June 2015

Source: www.barcouncil.org.uk

Comments Off on Surge in ‘DIY’ justice sparks guidelines for lawyers – The Bar Council

In re K (Children) – WLR Daily

In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237

‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

Comments Off on In re K (Children) – WLR Daily

Lawyers urged to play it cool with litigants in person – Legal Futures

‘Solicitors, barristers and legal executives have been told by their professional bodies to be polite and non-judgemental when dealing with litigants in person (LiPs), and take “extra care to avoid using inflammatory words or phrases”.’

Full story

Legal Futures, 4th June 2015

Source: www.legalfutures.co.uk

Comments Off on Lawyers urged to play it cool with litigants in person – Legal Futures

Children Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

Full story

Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

Comments Off on Children Public Law Update – Family Law Week

Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Comments Off on Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

Lithuanian MPs petition Lords Speaker over child custody case – The Guardian

‘A delegation of Lithuanian MPs has written to the House of Lords complaining about the removal of a 12-year-old girl from her mother, alleging that she is being deprived of her cultural inheritance. The letter, sent to the Speaker of the House of Lords, Lady D’Souza, is the second high-profile intervention by a Baltic state in UK care proceedings this year and reflects a growing rift between EU states over practices in custody proceedings.’

Full story

The Guardian, 12th May 2015

Source: www.guardian.co.uk

Comments Off on Lithuanian MPs petition Lords Speaker over child custody case – The Guardian

Alleged sex abuser’s legal claim challenged in court – Daily Telegraph

‘Man claimed to have abused former partner’s daughter should not have lawyers’ fees paid by the taxpayer, Government argues.’

Full story

Daily Telegraph, 29th April 2015

Source: www.telegraph.co.uk

Comments Off on Alleged sex abuser’s legal claim challenged in court – Daily Telegraph

Late applications to amend come a cropper in High Court – Litigation Futures

Posted April 30th, 2015 in amendments, banking, case management, delay, evidence, litigants in person, news by sally

‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story

Litigation Futures, 29th April 2015

Source: www.litigationfutures.com

Comments Off on Late applications to amend come a cropper in High Court – Litigation Futures

Dyson: ‘we must simplify Civil Procedure Rules’ – Law Society’s Gazette

‘The master of the rolls has called for further simplification of the Civil Procedure Rules to reduce delays in the justice system.’

Full story

Law Society’s Gazette, 23rd April 2015

Source: www.lawgazette.co.uk

Comments Off on Dyson: ‘we must simplify Civil Procedure Rules’ – Law Society’s Gazette

Lack of representation ‘particularly unfair’ in emotive cases – Law Society’s Gazette

Posted April 17th, 2015 in family courts, legal representation, litigants in person, news by sally

‘A judge has stressed the importance of having lawyers in family court proceedings to prevent emotional self-represented litigants behaving in ways they might regret.’

Full story

Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

Comments Off on Lack of representation ‘particularly unfair’ in emotive cases – Law Society’s Gazette

PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

Full story

Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

Comments Off on PART 36 of the CPR – Offers are changing – Park Square Barristers

DIY Justice – Panorama

Posted March 31st, 2015 in care orders, legal aid, legal representation, litigants in person, news by sally

‘Raphael Rowe meets the parents fighting for access to their children without any legal assistance. Cuts to legal aid mean they must represent themselves in court.’

iPlayer

Panorama, 30th March 2015

Source: www.bbc.co.uk

Comments Off on DIY Justice – Panorama

Unlocking the Funds for Justice – Pro Bono Costs – Family Law Week

Posted March 19th, 2015 in costs, legal aid, litigants in person, news, pro bono work by sally

‘Cyrus Larizadeh, barrister of 4 Paper Buildings and Senate House Chambers, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.’

Full story

Family Law Week, 16th March 2015

Source: www.familylawweek.co.uk

Comments Off on Unlocking the Funds for Justice – Pro Bono Costs – Family Law Week

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Full story

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

Comments Off on Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

Legal aid cuts exposing domestic abuse victims to court ordeal, says report – The Guardian

‘Victims of domestic abuse increasingly face being cross-examined by their attackers because legal aid cuts make it difficult to qualify for courtroom representation, according to research by Citizens Advice.’

Full story

The Guardian, 19th February 2015

Source: www.guardian.co.uk

Comments Off on Legal aid cuts exposing domestic abuse victims to court ordeal, says report – The Guardian