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

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk