A Dead Parrot Or A Sleeping Beauty? – The 36 Group

Posted June 2nd, 2016 in advocacy, compensation, divorce, financial provision, news by sally

‘Baroness Hale was primarily responsible for the introduction of compensation (SRJ v DWJ [1999] 2 FLR 176). She is a fine lawyer and judge, but she was only briefly an advocate. I am no judge at all with a degree in English, but I have argued a lot of cases. Whilst doing so I have appeared against some outstanding advocates such as Lord Wilson, the late Mrs Justice Baron, Mr Justice Mostyn and Mr Martin Pointer QC. As advocates they looked and in the case of Martin, look to persuade the court. I believe that in presenting a wife’s arguments they would all have rejected submitting that she should be compensated for gender related disadvantage. They would have done so for various reasons. Compensation is a dangerous word as it has its most natural and best established use in the law of tort. It is also manifestly insensitive. Any husband who has maintained his wife and children for, say fifteen years will be hurt and annoyed by the proposition that he should compensate his wife for the experience. He may, or may not be placated by the subsequent reference to gender related disadvantage. At least that shows compensation is a systemic concept, rather than directed at him personally. But fully expressed the words display the origin of the concept in a feminist approach to divorce. The advocate would know that some tribunals would reject the socio-legal concept; if only because another feminist analysis would give primacy to the wife’s autonomous ability to look after.’

Full story

The 36 Group, 18th May 2016

Source: www.36group.co.uk

Rule committee “sympathetic” with PIBA complaints about solicitors using unregistered barristers in court – Litigation Futures

‘The government has been asked to look at changing the Civil Procedure Rules to prevent solicitors from employing unregistered barristers as agents to represent clients in court.’

Full story

Litigation Futures, 27th May 2016

Source: www.litigationfutures.com

High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

Full story

Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

Hillsborough inquests: Michael Mansfield on ‘far-reaching consequences’ – BBC News

Posted April 29th, 2016 in advocacy, bereavement, health & safety, inquests, news, sport by tracey

‘Leading barrister Michael Mansfield QC, who represented most of the victims’ families at the Hillsborough Inquests, has called for the creation of a permanent commission scrutinising how the police and other agencies handle crime scenes. Here he writes how the precedent of the inquests could have far-reaching consequences for the investigation of future disasters.’

Full story

BBC News, 29th April 2016

Source: www.bbc.co.uk

“Boring” hearings or judges who interrupt? Neuberger knows what he likes – Legal Futures

‘The written advocacy of continental European lawyers makes for “boring” court proceedings, according to the President of the Supreme Court.’

Full story

Legal Futures, 19th April 2016

Source: www.legalfutures.co.uk

Judges should be able to decline ‘unfair’ QASA evaluations, SRA says – Legal Futures

Posted January 26th, 2016 in advocacy, judges, news, quality assurance, Solicitors Regulation Authority by sally

‘Judges should be able to opt out of assessing advocates under the Quality Assurance Scheme for Advocates (QASA) if they believe it would be unfair, the Solicitors Regulation Authority (SRA) has said.’

Full story

Legal Futures, 26th January 2016

Source: www.legalfutures.co.uk

Upper Tribunal cases on fair hearings in immigration cases – Free Movement

Posted January 13th, 2016 in advocacy, bias, immigration, judiciary, news, professional conduct, tribunals by sally

‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’

Full story

Free Movement, 13th January 2016

Source: www.freemovement.org.uk

SRA asks: Are solicitors to blame for declining criminal advocacy standards? – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to research this year whether standards of criminal advocacy are declining and whether solicitors are to blame. As part of the research, the SRA said it would ask judges whether solicitor and Crown Prosecution Service (CPS) advocates were “working beyond their level of competence”.’

Full story

Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

LSB joins solicitors in questioning government’s criminal advocacy plans – Legal Futures

Posted December 1st, 2015 in advocacy, consultations, criminal justice, Legal Services Board, news, solicitors by tracey

‘The Legal Services Board (LSB) has joined solicitors in questioning government plans to introduce additional regulation of criminal advocacy.’

Full story

Legal Futures, 1st December 2015

Source: www.legalfutures.co.uk

Bar Council urges outright ban on all inducements beyond ‘kickbacks’ – The Bar Council

Posted December 1st, 2015 in advocacy, barristers, consultations, fees, press releases by tracey

‘The Bar Council has urged all inducements, not just referral fees, between advocates and litigators be outlawed in its response to the Ministry of Justice’s consultation Preserving and Enhancing the Quality of Criminal Advocacy.’

Full press release

The Bar Council, 27th November 2015

Source: www.barcouncil.org.uk

Poor quality advocacy is endangering youth justice – Legal Voice

Posted November 24th, 2015 in advocacy, legal representation, news, reports, young offenders, youth courts by sally

‘Access to justice for young and vulnerable offenders is being endangered by variable advocacy standards amongst lawyers acting in youth court proceedings, a new report claims.’

Full story

Legal Voice, 20th November 2015

Source: www.legalvoice.org.uk

Major new report highlights mixed advocacy standards in youth court proceedings – Bar Standards Board

Posted November 19th, 2015 in advocacy, courts, reports, young offenders, youth courts by tracey

‘The Youth Proceedings Advocacy Review report, published today as a result of extensive research, highlights the damaging effects that poor advocacy has on access to justice for young and often very vulnerable offenders, and their perceptions of the system in general.’

Full press release

Full report

Bar Standards Board, 19th November 2015

Source: www.barstandardsboard.org.uk

LSB: criminal advocacy reforms “should not be designed around” any particular group of lawyers – Legal Futures

Posted October 7th, 2015 in advocacy, barristers, criminal justice, news, quality assurance, solicitors by sally

‘It is important that government plans to enhance the quality of criminal defence advocacy in publicly funded cases “should not be designed around one particular professional group”, the Legal Services Board (LSB) has warned.’

Full story

Legal Futures, 7th October 2015

Source: www.legalfutures.co.uk

Government to outlaw legal referral fees – Ministry of Justice

Posted October 2nd, 2015 in advocacy, consultations, criminal justice, fees, press releases, quality assurance by tracey

‘A new statutory ban on referral fees in criminal cases is among proposals announced by the Legal Aid Minister Shailesh Vara today.’

Full press release

Ministry of Justice, 1st Ocotber 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Regulators issue consultation on minor changes to QASA – Bar Standards Board

Posted October 2nd, 2015 in advocacy, barristers, consultations, quality assurance, solicitors by tracey

‘Legal regulators Bar Standards Board (BSB), Solicitors Regulation Authority (SRA) and CILEx Regulation, the three also known as the Joint Advocacy Group (JAG), are preparing for the implementation of the Quality Assurance Scheme for Advocates (QASA) by launching a new consultation today.’

Full consultation

Bar Standards Board, 1st October 2015

Source: www.barstandardsboard.org.uk

Justice ministry considers curb on own-firm instructions – Law Society’s Gazette

Posted October 2nd, 2015 in advocacy, criminal justice, law firms, news by tracey

‘The Ministry of Justice is considering restricting litigators from instructing advocates within the same firm as part of proposals to enhance the quality of criminal advocacy.’

Full story

Law Society’s Gazette, 1st October 2015

Source: www.lawgazette.co.uk

Employed barristers need specialist training in “persuasive advocacy” beyond the courtroom – Legal Futures

Posted September 14th, 2015 in advocacy, barristers, dispute resolution, employment, legal education, news, statistics by tracey

‘The needs of employed barristers should not be ignored and “second class citizenship” should “by now be a myth”, a former Crown prosecutor has said.’

Full story

Legal Futures, 14th September 2014

Source: www.legalfutures.co.uk

Solicitor-advocates harming family justice – bar – Law Society’s Gazette

‘he bar has called for an independent review of advocacy in family law, over ‘a growing concern’ that an increase in the number of solicitors in conduct hearings has led to a decline in standards and ‘unjust’ outcomes.’

Full story

Law Society’s Gazette, 20th July 2015

Source: www.lawgazette.co.uk

Gove announces review of Legal Services Act – Legal Futures

‘There will a review of the Legal Services Act 2007 during this Parliament, the Lord Chancellor Michael Gove announced today.’

Full story

Legal Futures, 15th July 2015

Source: www.legalfutures.co.uk

Gove promises action on criminal referral fees – Law Society’s Gazette

‘The lord chancellor is to crack down on the banned practice of referral fees in criminal proceedings.’

Full story

Law Society’s Gazette, 9th July 2015

Source: www.lawgazette.co.uk