Solicitors’ agents and rights of audience – appeal decision – Nearly Legal

‘This is an issue that has come up here a few times (eg this post and this post) – the rights of audience of people who do not have a right of audience in their own right, but attend hearings to carry out advocacy. Now we have a County Court detailed appeal decision on the issue (not binding, but as an appeal to a circuit judge, of persuasive value).’

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Nearly Legal, 7th August 2022

Source: nearlylegal.co.uk

BSB to probe if solicitors give clients choice when instructing barristers – Legal futures

‘The Bar Standards Board (BSB) is to gather evidence from solicitors on how they choose a barrister, including whether they offer their clients a choice – or even take account of a client’s views.’

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Legal Futures, 14th July 2022

Source: www.legalfutures.co.uk

News focus: Divorcing couples are increasingly seeking joint representation – Law Society’s Gazette

Posted July 12th, 2022 in divorce, legal representation, legal services, news, solicitors by tracey

‘Separating couples are increasingly asking to be represented by the same solicitor. Those involved believe this “one lawyer” service could be the future – and not just for family law.’

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Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk

‘The worst law on earth’: why the rich love London’s reputation managers – The Guardian

‘Boris Johnson has vowed to level the playing field on which oligarchs stifle those who scrutinise them. How can he do it?’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building

‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’

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Farrar's Building, 5th May 2022

Source: www.farrarsbuilding.co.uk

R v Daniels: returning instructions – Doughty Street Chambers

Posted May 18th, 2022 in appeals, barristers, chambers articles, legal representation, news by sally

‘Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment in R v Daniels.’

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Doughty Street Chambers, 10th May 2022

Source: insights.doughtystreet.co.uk

LiP loses costs challenge over ‘no longer instructed’ barrister – Law Society’s Gazette

‘A litigant who tried to argue that his costs order was agreed by a barrister who was no longer instructed has lost a court challenge.’

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Law Society’s Gazette, 9th May 2022

Source: www.lawgazette.co.uk

Capacity to litigate – Family Law

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

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Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk

Judge criticises Mackenzie Friend over timing of application to revoke adoption order – Local Government Lawyer

‘A disputed adoption case has highlighted the problems of reliance on a Mackenzie Friend rather than a solicitor in proceedings, a Family Division judge has suggested.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Last-minute legal claims brought by deportees due to ‘shambolic’ advice system in detention, lawyers warn – The Independent

‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Nationality and Borders Bill: risking Britain’s reputation? – 5SAH

‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’

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5SAH, 22nd July 2021

Source: www.5sah.co.uk

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Jeremy Corbyn investigated by parliament’s sleaze watchdog over legal support – The Independent

Posted July 9th, 2021 in legal representation, news, parliament, political parties, standards by tracey

‘Jeremy Corbyn is under investigation by parliament’s sleaze watchdog following allegations he did not properly declare financial support given to him for legal disputes related to antisemitism claims.’

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The Independent, 8th July 2021

Source: www.independent.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

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Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

MPs set deadline for bereaved to get public funding at inquests – The Guardian

Posted May 27th, 2021 in bereavement, inquests, legal representation, news by tracey

‘Bereaved people have been “failed” by successive governments and by 1 October they should all receive public funding for legal representation at inquests where a public body is represented, MPs have said.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Anger over proposed ‘good faith’ rule for immigration lawyers – Legal Futures

Posted May 20th, 2021 in asylum, immigration, legal profession, legal representation, news by tracey

‘Government plans to impose a “good faith” requirement on immigration lawyers have been strongly attacked by the Law Society, Bar Council and Immigration Law Practitioners Association (ILPA).’

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Legal Futures, 20th May 2021

Source: www.legalfutures.co.uk

Modern slavery survivors at higher risk of being re-trafficked due to barriers accessing legal advice, finds report – The Independent

‘Modern slavery survivors in England face “significant barriers” to accessing legal advice, leaving them at higher risk of being re-trafficked, according to new research.’

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The Independent, 19th May 2021

Source: www.independent.co.uk

Judicial guidance on DBAs – Law Society’s Gazette

Posted May 17th, 2021 in appeals, costs, damages, fees, legal representation, news, solicitors by sally

‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’

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Law Society's Gazette, 17th May 2021

Source: www.lawgazette.co.uk