Do black lives matter in the employment justice system? – Garden Court Chambers

‘Paper produced by Mukhtiar Singh of the Garden Court Employment and Discrimination Law Team.’

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Garden Court Chambers, 14th September 2020

Source: www.gardencourtchambers.co.uk

Inability to find a QC “not good reason” for arbitration no-show – Litigation Futures

Posted July 15th, 2020 in arbitration, barristers, legal representation, news, queen's counsel by tracey

‘A High Court judge has said there was no reason “at all” why a defendant in a €20m arbitration had to use the Bar and being unable to find counsel at short notice was not a good reason not to participate in the hearing.’

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Litigation Futures, 15th July 2020

Source: www.litigationfutures.com

Getting late legal advice not a ground for set aside of possession order – Nearly Legal

Posted July 13th, 2020 in appeals, housing, landlord & tenant, legal representation, news, repossession by sally

‘This was Mr Sangha’s appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not repaid. The back story is somewhat complicated, involving commercial properties, loans and leases, but not relevant to the grounds of the decision, so anyone interested can read the judgment.’

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Nearly Legal, 12th July 2020

Source: nearlylegal.co.uk

Fewer than half of employment tribunal claimants use lawyers – Legal Futures

Posted July 13th, 2020 in employment, employment tribunals, legal representation, news, statistics by sally

‘Fewer than half of employment tribunal claimants use a lawyer, with most of those unrepresented at hearings saying it was because they could not afford one, according to government research.’

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Legal Futures, 13th July 2020

Source: www.legalfutures.co.uk

Assume hearings are going to be remote, says judge – Litigation Futures

‘Parties should assume hearings will be held remotely at the moment and explain why it would not be just to do so if they want one in person, a High Court judge has ruled.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Quality of legal advice for suspects “faltering under lockdown” – Legal Futures

‘The quality of legal help for suspects in police custody has “suffered significantly” due to Covid-19 amid concerns over confidentiality and restrictions on lawyers talking to clients, a new report has found.’

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Legal Futures, 30th June 2020

Source: www.legalfutures.co.uk

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

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UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org

Re C – appeal about a hybrid hearing – Transparency Project

‘The issue was that the case required a resumption of a finding of fact hearing and that the leading barrister for the children’s mother was “shielding” so could not attend court in person with her client. The mother appealed a decision in the High Court by Mr Justice Williams that the hearing go ahead in June as a “hybrid” hearing i.e. with some parties and lawyers in the court room and others online.’

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Transparency Project, 12th June 2020

Source: www.transparencyproject.org.uk

Absence of shielding QC “does not make in-person hearing unfair” – Legal Futures

‘A QC’s inability to attend court in person because she is shielding, unlike the other counsel in a case, will not make the hearing unfair, the Court of Appeal has ruled.’

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Legal Futures, 10th June 2020

Source: www.legalfutures.co.uk

Black lawyers launch initiative to fight racial injustice – Legal Futures

‘A group of lawyers has begun crowdfunding to support a new initiative aiming to combat racial injustice by facilitating access to justice, funding and legal representation.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Group litigation – taking the lead – Doughty Street Chambers

‘Dominic Lis Waniso Lungowe & ors v Vedanta Resources PLC & anor [2020] EWHC 749 (TCC) gives important guidance on the position and role of lead solicitors in group litigation. It highlights the need for careful written arrangements setting out the relationship between lead and other solicitors and their respective responsibilities.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Arrested children may be given legal advice automatically – Legal Futures

‘The government is considering whether children in police stations should have to opt out of receiving legal advice, rather than opt in as now, it has emerged.’

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Legal Futures, 4th May 2020

Source: www.legalfutures.co.uk

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