Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures

Posted March 5th, 2020 in champerty, contracts, disclosure, law firms, legal representation, news by tracey

‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’

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Litigation Futures, 5th March 2020

Source: www.litigationfutures.com

Home Office to release information about detainees’ access to lawyers – The Guardian

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

Home Office told to act as detainees unable to contact lawyers – The Guardian

Posted February 6th, 2020 in deportation, detention, legal representation, news, telecommunications by sally

‘The Home Office has been accused of holding immigration detainees effectively incommunicado, with a lack of mobile signal preventing them from contacting lawyers or family, days before a mass deportation flight to Jamaica.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Article 6 breaches prove no magic bullet for convictions on appeal (R v Abdurahman) – 5 SAH

‘Rebecca Hill provides her Corporate Crime analysis for Lexis Nexis PSL: The Court of Appeal considered the safety of the conviction of Abdurahman who had assisted one of the 21/7 London bombers after the event. It reaffirmed that its purpose is to objectively appraise the safety of a conviction looking to all the circumstances, notwithstanding in this case a finding by the Grand Chamber of the European Court of Human Rights (ECtHR) that Mr Abdurahman’s rights under Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) had been breached.’

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5 SAH, 3rd February 2020

Source: www.5sah.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

Out of time but not out of mind – Nearly Legal

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Fake lawyer who represented clients in High Court faces jail time – Daily Telegraph

‘A man who pretended to be a qualified and experienced solicitor as he represented clients at the High Court is facing a possible jail sentence.’

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Daily Telegraph, 20th January 2020

Source: www.telegraph.co.uk

Guildford pub bomb inquest family ‘never going to get justice’ – BBC News

‘A woman who lost her soldier sister in the Guildford pub bombings has said her family are “never going to get justice” even though the inquest has resumed.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

McKenzie Friends giving “biased and misleading” online advice – Legal Futures

‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’

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Legal Futures, 11th December 2019

Source: www.legalfutures.co.uk

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 10th December 2019

Source: www.familylaw.co.uk

Lawyers want crackdown on ‘unscrupulous’ untrained advocates who put public at risk – Daily Telegraph

‘A new breed of untrained legal advocates who are ripping off the public with “flawed” and “dangerous” legal advice should be banned, lawyers’ leaders and politicians have urged ministers.’

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Daily Telegraph, 8th December 2019

Source: www.telegraph.co.uk

‘McKenzie friends’ must be banned because courts are being overrun by untrained advocates, senior politicians say – Daily Telegraph

‘A new breed of untrained legal advocates who are ripping off the public with “flawed” and “dangerous” legal advice should be banned, lawyers’ leaders and politicians have urged ministers.’

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Daily Telegraph, 8th December 2019

Source: www.telegraph.co.uk

Jump in unrepresented defendants as legal aid cuts continue to bite – The Guardian

‘The number of unrepresented defendants in crown courts is rising sharply, the head of the Criminal Bar Association has warned, as cuts to legal aid increasingly affect the criminal justice system.’

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The Guardian, 24th November 2019

Source: www.theguardian.com

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 19th November 2019

Source: www.familylaw.co.uk

Commonwealth head warns of dangers of denying justice to all – The Guardian

‘Denying access to justice risks creating fresh conflicts at a time when the international rule of law is under threat, the Commonwealth secretary general has warned ahead of a meeting of the organisation’s law enforcement officers.’

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The Guardian, 5th November 2019

Source: www.theguardian.com

‘One lawyer is enough’: family judge issues court guidance – Law Society’s Gazette

Posted October 14th, 2019 in family courts, legal representation, news, practice directions by tracey

‘Solicitors with cases being heard at Central Family Court have been told they do not always have to turn up with their barristers. The suggestion is one of 24 contained in wellbeing guidance issued this month by His Honour Judge Robin Tolson QC.’

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Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

Law firm “positively invited” client to end retainer – Litigation Futures

Posted October 7th, 2019 in appeals, documents, law firms, legal representation, news by tracey

‘A law firm that gave a client seven days’ notice of its intention to end its retainer, but effectively forced the client to do it after a day, was the party responsible for the termination, the High Court has ruled.’

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Litigation Futures, 7th October 2019

Source: www.litigationfutures.com

‘I struggled to do my mum justice at her inquest’ – BBC News

‘Every year, mental health trusts spend millions of pounds employing lawyers to represent them at inquests, where they could be found to be at fault. The relatives of those who have died, however, often get no legal aid and have to stand up and face those lawyers alone. Becky Montacute describes her bid to ensure that the lessons from her mother’s death were learned.’

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BBC News, 1st October 2019

Source: www.bbc.co.uk