Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

Operation Cotton – what next? – Halsbury’s Law Exchange

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

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Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

Serious fraud trial halted amid legal row – BBC News

Posted May 1st, 2014 in barristers, fraud, legal aid, legal representation, news, trials by sally

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because of cuts to legal aid.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette

‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’

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Law Society’s Gazette, 17th April 2014

Source: www.lawgazette.co.uk

Legal aid cuts: six lawyers on why they will damage our justice system – The Guardian

‘Why have lawyers taken to the streets to protest against legal aid cuts? Self-interest or because they care about the havoc they see being wrought on our legal system?’

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The Guardian, 1st April 2014

Source: www.guardian.co.uk

Legal aid cuts leave family courts in chaos, experts say – The Guardian

‘Cuts in legal aid are creating chaos in the family courts, according to legal experts, who warn that the resulting delays are having a serious impact on the children of warring parents.’

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The Guardian, 29th March 2014

Source: www.guardian.co.uk

Regina v Achogbuo – WLR Daily

‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’

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WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Grieve acts on judge’s plea over unrepresented defendants – Law Society’s Gazette

Posted March 7th, 2014 in amicus curiae, criminal justice, legal representation, news by tracey

‘The attorney general’s office has confirmed that Dominic Grieve QC has appointed an amicus curiae to assist the court on legal argument expected to be made on behalf of defendants facing trial without representation in court.’

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Law Society’s Gazette, 7th March 2014

Source: www.lawgazette.co.uk

Further torment – New Law Journal

‘Rosalyn Akar Grams reviews the impact of LASPO on the provision of quality legal representation for survivors of torture, as part of an exclusive NLJ online series on legal aid post-LASPO.’

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New Law Journal, 19th February 2014

Source: www.newlawjournal.co.uk

Beeres v. The CPS – Criminal Law and Justice Weekly

Posted March 3rd, 2014 in appeals, assault, domestic violence, evidence, legal representation, news, police by sally

‘Anita Beeres was convicted of assault for beating her partner John Leeson with a baseball bat during an argument at her home. Mr Leeson himself did not complain nor did he give evidence. (History does not relate how then Ms Beeres was arrested.) The only evidence against Ms Beeres was her confession, first at the time of her arrest and then again when interviewed at the police station.’

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Criminal Law and Justice Weekly, 28th February 2014

Source: www.criminallawandjustice.co.uk

Judge asks attorney general to intervene in VHCCs – Law Society’s Gazette

‘The attorney general is considering intervening to appoint an amicus curiae to assist the court on legal arguments expected to be made on behalf of defendants facing trial without representation in court, the Gazette can reveal.’

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Law Society’s Gazette, 25th February 2014

Source: www.lawgazette.co.uk

How to be fair about transfer to Broadmoor – UK Human Rights Blog

‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’

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UK Human Rights Blog, 23rd February 2014

Source: www.ukhumanrightsblog.com

Loss of capacity does not automatically terminate solicitor’s retainer – UK Human Rights Blog

‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’

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UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Family law in crisis – New Law Journal

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

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New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) – Supreme Court

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) [2014] UKSC 4 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Woolf on the “transforming” potential of Low Commission recommendations – Legal Voice

Posted January 16th, 2014 in judges, legal aid, legal representation, news, reports by tracey

‘A former lord chief justice called on politicians to back the recommendations of the Low Commission which last week made the case for an extra £100m to ensure “a basic level of provision” of advice in its final report.’

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Legal Voice, 15th January 2014

Source: www.legalvoice.org.uk

Probe into growth of ‘professional’ McKenzie Friends – Legal Futures

‘The Legal Services Consumer Panel has begun an investigation into the emergence of ‘professional’ McKenzie Friends who charge litigants in person for their services, it has emerged.’

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Legal Futures, 7th January 2014

Source: www.legalfutures.co.uk

Barristers and solicitors walk out over cuts to legal aid fees – The Guardian

‘Criminal courts across England and Wales will be severely disrupted on Monday morning when barristers and solicitors stage an unprecedented mass walkout in protest at government plans to slash legal aid fees by up to 30%.’

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The Guardian, 5th January 2014

Source: www.guardian.co.uk

BSB publishes guidance on deliberately failing to attend court – Bar Standards Board

‘The Bar Standards Board has today published guidance on deliberately failing to attend court.’

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Bar Standards Board, 18th December 2013

Source: www.barstandardsboard.org.uk

Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com