Children: Private Law Update – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

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Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

We need more independence, BSB director says – Legalfutures

Posted September 12th, 2014 in barristers, consumer protection, legal representation, legal services, news by tracey

‘Dr Vanessa Davies, director of the Bar Standards Board (BSB), has made it clear that the regulator will push for more independence in the future.’

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Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

State should pay for representation and witnesses in private child disputes – UK Human Rights Blog

‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’

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UK Human Rights Blog, 31st August 2014

Source: www.ukhumanrightsblog.com

Youth advocacy review established – Law Society’s Gazette

Posted August 19th, 2014 in advocacy, children, legal representation, news, young persons, youth courts by tracey

‘The Bar Standards Board and ILEX Professional Standards have issued a call for research organisations to help carry out an independent review of advocacy in the youth court.’

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Law Society’s Gazette, 18th August 2014

Source: www.lawgazette.co.uk

President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice – The World of Family Law (Garden Court Chambers)

‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’

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The World of Family Law (Garden Court Chambers), 8th August 2014

Source: www.gcfamily.wordpress.com

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

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Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

19,000 more parents in child cases with no lawyer – BBC News

‘More than 19,000 more parents appeared in civil courts with no lawyer in cases about children, in the year after legal aid cuts, it has emerged.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

Lindsay Sandiford case: Bali death row drugs trafficker review call – BBC News

‘The UK Supreme Court has called on the British government to review the case of a grandmother facing execution in Indonesia on drug charges.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

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The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk

Unintended consequences of family justice reform – Family Law Week

‘Byron James, barrister, Fourteen considers some of the less publicised consequences of the reform of the family justice system.’

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Family Law Week, 27th June 2014

Source: www.familylawweek.co.uk

Legal aid child residence tests breach international rights, say MPs and peers – The Guardian

‘Depriving children of legal representation by introducing a residence test is in breach of their international rights, a parliamentary committee has warned.’

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The Guardian, 30th June 2014

Source: www.guardian.co.uk

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

Court crisis warning as legal aid cuts trigger surge in parents fighting for child custody without lawyer – Daily Telegraph

‘Lawyers warn of ‘huge delays’ in family court cases as number of parents facing prospect of representing themselves jumps 48 per cent’

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Daily Telegraph, 7th June 2014

Source: www.telegraph.co.uk

Drug smuggler Lindsay Sandiford takes death penalty case to UK supreme court – The Guardian

‘A British grandmother facing execution by firing squad in Indonesia for drug smuggling has no funds to mount a legal challenge against her sentence, the UK’s highest court has been told.’

Full story

The Guardian, 4th June 2014

Source: www.guardian.co.uk

Fraud trial legal aid ruling overturned by appeal court – The Guardian

Posted May 21st, 2014 in appeals, barristers, budgets, costs, fraud, judges, legal aid, legal representation, news by tracey

‘A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

Judges criticise impact of legal aid cuts – The Guardian

‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’

Full story

The Guardian, 14th May 2014

Source: www.guardian.co.uk