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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

Law Society's Gazette, 17th May 2021

Source: www.lawgazette.co.uk

Lack of access to lawyers for immigration detainees being held in prison is unlawful, High Court rules – The Independent

Posted February 26th, 2021 in detention, human rights, immigration, legal aid, legal representation, news, prisons by tracey

‘The legal aid provision for immigration detainees held in prisons is unlawful, the High Court has ruled, after it emerged a man was unable to access a lawyer for 10 months and had to represent himself.’

Full Story

The Independent, 25th February 2021

Source: www.independent.co.uk

Legal aid win means domestic abuse victims will no longer be asked to sell their homes to access justice – The Independent

Posted January 29th, 2021 in domestic violence, legal aid, legal representation, mortgages, news, women by tracey

‘Domestic abuse victims blocked from getting legal aid will no longer be pushed into selling their homes in a bid to obtain justice and secure safety from their violent partners.’

Full Story

The Independent, 28th January 2021

Source: www.independent.co.uk

Financial Remedy Update, December 2020 – Family Law Week

‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2020.’

Full Story

Family Law Week, 10th December 2020

Source: www.familylawweek.co.uk

Children: Private Law Update December 2020 – Family Law Week

Posted December 10th, 2020 in arbitration, children, evidence, legal representation, medical records, news by tracey

‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’

Full Story

Family Law Week, 8th December 2020

Source: www.familylawweek.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Litigant in person threatened opposing lawyers with violence – Legal Futures

‘A High Court judge has expressed concern that a litigant in person has threatened violence against lawyers for the people he is suing while dismissing a bid to disqualify the solicitors from acting.’

Full Story

Legal Futures, 8th December 2020

Source: www.legalfutures.co.uk

Home Office urged to ensure better access to legal advice after Jamaicans taken off flight in eleventh hour – The Independent

Posted December 3rd, 2020 in deportation, immigration, Jamaica, legal representation, news by tracey

‘The Home Office is being urged to ensure people facing deportation have adequate access to legal advice prior to their removal after tens of Jamaican nationals were taken off a charter flight following a last-minute legal intervention.’

Full Story

The Independent, 3rd December 2020

Source: www.independent.co.uk

Mother refused legal aid over ‘trapped capital’ has case remitted – Law Society’s Gazette

Posted November 26th, 2020 in domestic violence, legal aid, legal representation, news by tracey

‘A mother who was denied legal aid on the grounds of a house she owns with her ex-partner has won her High Court challenge, in a ruling that provides “important clarification for victims of domestic abuse”.’

Full Story

Law Society's Gazette, 25th November 2020

Source: www.lawgazette.co.uk

Domestic abuse victims with ‘trapped capital’ should not be denied legal aid, court rules – The Guardian

‘Victims of domestic abuse should not be denied legal aid because they have assets trapped in a home, the high court has ruled.’

Full Story

The Guardian, 25th November 2020

Source: www.theguardian.com

All you need to know about domestic abuse and ILR – EIN Blog

‘Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse Visa, Civil Partnership Visa, or Unmarried Partner Visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite Leave to Remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.’

Full Story

EIN Blog, 9th November 2020

Source: www.ein.org.uk

Legal aid services are on brink of collapse, lawyers tell MPs – The Guardian

‘Legal aid services are on the brink of collapse due to successive cuts and the disruption wreaked by Covid-19, say lawyers.’

Full Story

The Guardian, 29th October 2020

Source: www.theguardian.com

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Litigation Futures, 25th June 2020

Source: www.litigationfutures.com