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

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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

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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

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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.’

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The Guardian, 19th February 2015

Source: www.guardian.co.uk

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Legal experts call for English ‘online court’ to handle low-value civil court cases – OUT-LAW.com

Posted February 18th, 2015 in civil justice, electronic filing, internet, litigants in person, news by sally

‘An online mechanism should be set up to handle low-value civil court cases, with judges removed entirely from the process for the simplest cases, according to a new report.’

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OUT-LAW.com, 17th February 2015

Source: www.out-law.com

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Financial Remedies Working Group final report – Judiciary.gov.uk

‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.

The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’

Final report

Judiciary of England and Wales, 28th January 2015

Source: www.judiciary.gov.uk

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‘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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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’.’

Full story

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.’

Full story

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.’

Full story

NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

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