‘Justice under threat’ as defendants face court alone due to legal aid cuts – The Independent

Posted January 20th, 2015 in criminal justice, legal aid, legal representation, litigants in person, news by sally

‘The principle of fair justice is being undermined by the growing number of criminal defendants forced to represent themselves in court, magistrates from across the country warn in a survey to be released today [19 January].’

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The Independent, 19th January 2015

Source: www.independent.co.uk

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Unrepresented parents in family cases: are errors going unnoticed? – Halsbury’s Law Exchange

Posted January 14th, 2015 in children, delay, families, family courts, litigants in person, news by tracey

‘Is a lack of legal representation in family cases increasing the likelihood of procedural errors going unnoticed? The judgment in Re P (A Child) suggests that there is a pressing need for change by the courts and judiciary.’

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Halsbury’s Law Exchange, 14th January 2015

Source: www.halsburyslawexchange.co.uk

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How to make family hearings fair – UK Human Rights Blog

‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’

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UK Human Rights Blog, 5th January 2015

Source: www.ukhumanrightsblog.com

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Judge orders MoJ to pay for LiP’s lawyer – Law Society’s Gazette

‘The High Court has ordered the government to pay for a litigant in person to be represented at a hearing despite his lack of eligibility for legal aid.’

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Law Society’s Gazette, 5th January 2015

Source: www.lawgazette.co.uk

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Court of Appeal: litigants in person may get help with relief from sanctions, but only “at the margins” – Litigation Futures

‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’

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Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

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Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson – WLR Daily

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633; [2014] WLR (D) 538

‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Extensions of Time to File Notices of Appeal and Relief from Sanctions: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson – Zenith PI Blog

‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’

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Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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LCJ: why is the cost of legal services increasing, despite more competition? – Legal Futures

Posted December 16th, 2014 in arbitration, competition, costs, legal services, litigants in person, news, reports by tracey

‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’

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Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

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Finance & Divorce Update – Family Law Week

Posted December 8th, 2014 in children, costs, divorce, foreign jurisdictions, legal aid, litigants in person, news by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’

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Family Law Week, 5th December 2014

Source: www.familylawweek.co.uk

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‘Better than nothing… helpful… mad as a bag of frogs’: judges on McKenzie Friends -

Posted December 5th, 2014 in family courts, litigants in person, McKenzie friends, news, reports by sally

‘A new report on litigants in person in private family law cases has added to concerns over the value and legitimacy of McKenzie Friends in the legal services market. The report, commissioned and published by the Ministry of Justice, into litigants in person in the family courts (here) found the Legal Services Consumer Panel’s recommendation that professional McKenzie Friends be recognised as a legitimate part of the market (reported here) ‘somewhat surprising’.’

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LegalVoice, 4th December 2014

Source: www.legalvoice.org.uk

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Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

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Dyson: miscarriages of justice likely since LASPO – Law Society’s Gazette

‘Master of the rolls Lord Dyson has told MPs that an increase in litigants in person has caused miscarriages of justice.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

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Better late than never: MoJ finally publishes report on litigants in person – Legal Futures

Posted December 1st, 2014 in litigants in person, Ministry of Justice, news, reports by tracey

‘The Ministry of Justice (MoJ) has finally published a report it commissioned on litigants in person (LiPs) – more than a year after it was submitted. The report examined the experiences of LiPs in private law family cases before the legal aid cuts in April 2013, to assess their impact and help shape future policy.’

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Legal Futures, 28th November 2014

Source: www.legalfutures.co.uk

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Southwark: Not appealing – NearlyLegal

‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’

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NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

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Appeal court judge ‘horrified’ at number of litigants without lawyers – The Guardian

Posted November 24th, 2014 in barristers, budgets, legal aid, litigants in person, news by sally

‘A court of appeal judge has said she is “horrified” at the number of unrepresented litigants and warned that the delays caused will “clog up” the justice system.’

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The Guardian, 23rd November 2014

Source: www.guardian.co.uk

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Employment tribunal did research on Wikipedia “to help litigant in person” – Litigation Futures

‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’

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Litigation Futures, 20th November 2014

Source: www.litigationfutures.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.’

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LegalVoice, 13th November 2014

Source: www.legalvoice.org.uk

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Is having a ‘friend’ for your day in court a good thing? – BBC News

Posted November 10th, 2014 in litigants in person, McKenzie friends, news by sally

‘If you were in the desperate position of needing brain surgery, would you be content for someone with no medical training, but who had seen quite a few brain operations, to carry out yours?

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BBC News, 10th November 2014

Source: www.bbc.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.’

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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.’

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BBC News, 13th October 2014

Source: www.bbc.co.uk

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