‘The Grenfell Action Group and residents raised repeated concerns about the apparent neglect of health and safety legislation. Whilst there are several potential causes of action, the reality for tenants is that they would have struggled to bring a claim for a number of reasons.’
Legal Voice, 23rd June 2017
Source: www.legalvoice.org.uk
‘The Grenfell Tower action group had no access to legal aid. Residents at risk in their homes want straightforward, enforceable legal remedies to keep them safe.’
The Guardian, 26th June 2017
Source: www.theguardian.com
Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399
‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’
WLR Daily, 23rd May 2017
Source: www.iclr.co.uk
‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’
Law Society’s Gazette, 24th May 2017
Source: www.lawgazette.co.uk
‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’
Free Movement, 18th May 2017
Source: www.freemovement.org.uk
‘Thurrock Council did not have power to bring prosecution proceedings on behalf of the Legal Aid Agency in relation to an alleged legal aid fraud, the Court of Appeal has ruled.’
Local Government Lawyer, 9th May 2017
Source: www.localgovernmentlawyer.co.uk
‘An inquest into the death of toddler Poppi Worthington has been delayed by her father. Paul Worthington’s solicitors argue they have been left with insufficient time to prepare for the hearing, which was due to start in Kendal, Cumbria, next week, after he finally secured legal aid last week being turned down three times before.’
Daily Telegraph, 9th May 2017
Source: www.telegraph.co.uk
‘The Crown Prosecution Service (CPS) has taken over prosecution of a major legal aid fraud by a law firm after the Court of Appeal criticised the Legal Aid Agency (LAA) for trying to run the case through the fraud department of a local authority instead.’
Legal Futures, 8th May 2017
Source: www.legalfutures.co.uk
‘Defence lawyers need additional legal aid funding to help them check and challenge the increasing complexity of digital evidence gathered for criminal prosecutions, the official forensic science regulator has warned. Dr Gillian Tully told the Forensics Europe Expo in London that time pressures to meet deadlines for complying with new digital forensics standards could result in “a bit of a car crash” if firms are not ready in time.’
The Guardian, 3rd May 2017
Source: www.guardian.co.uk
‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’
Local Government Lawyer, 26th April 2017
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal last week partially granted an application for judicial review of the cuts to Legal Aid in certain categories of prison law. The judgment may change the face of legal representation for prisoners across the UK.’
UK Human Rights Blog, 18th April 2017
Source: www.ukhumanrightsblog.com
‘‘Professional’ paid McKenzie Friends associated with fathers’ rights groups (FRGs) play on their “uncertainty and sense of victimhood” to attract business, academic research has found, saying that there needed to be a code of conduct and a greater role for law school clinics in their place.’
Legal Futures, 20th April 2017
Source: www.legalfutures.co.uk
‘A judge who sentenced a “fragile and vulnerable” woman to five-and-a-half months in jail for begging has expressed alarm that no lawyer could be found to represent her because of problems over legal aid.’
The Guardian, 20th April 2017
Source: www.guardian.co.uk
‘The government has lost a key court of appeal battle over access to legal aid for prisoners in a ruling that campaigners have called a groundbreaking victory.’
The Guardian, 10th April 2017
Source: www.guardian.co.uk
‘There has been a 43% increase in applications to LASPO’s safety net regime compared to last year and theLegal Aid Agency granted almost six out of 10. There were 441 applications for exceptional case funding received between October and December 2016, comprising 383 and 58 re-submissions. This compares to 308 in the same period for 2015.’
Legal Voice, 6th April 2017
Source: www.legalvoice.org.uk
‘R (o.t.a Minton Morrill Solicitors) v. The Lord Chancellor [2017] EWHC 612 (Admin) 24 March 2017, Kerr J. This exam-style question arose, in an attempt by solicitors to be paid by the Legal Aid Agency for some work they had done on two applications to Strasbourg. The underlying cases were housing, the first an attempt to stave off possession proceedings, and the second the determination of whether an offer of “bricks and mortar” accommodation to an Irish traveller was one of “suitable accommodation”. Both applications were declared inadmissible by the European Court of Human Rights, and thus could not benefit from that Court’s own legal aid system.’
UK Human Rights Blog, 30th March 2017
Source: www.ukhumanrightsblog.com
‘People receiving means-tested benefits were twice as likely to experience multiple legal problems as those who did not, according to new research by the Ministry of Justice. It also found that almost one in four black and minority ethnic adults received no help in relation to their legal problems compared with 15% of white adults.’
Legal Voice, 7th March 2017
Source: www.legalvoice.org.uk
‘The Law Society has welcomed the government’s decision to remove a time limit for evidence that will make it easier for domestic violence victims to qualify for legal aid.’
Law Society’s Gazette, 27th February 2017
Source: www.lawgazette.co.uk
‘If a career on the bench is not made more attractive financially, the rule of law could be undermined, and with it lucrative industries vital to post-Brexit economic prosperity, the departing president of the Supreme Court has warned.’
Litigation Futures, 24th February 2017
Source: www.litigationfutures.com
© Inner Temple Library 2017