Voices of children overlooked in family courts, says ex-head – BBC News

‘Family courts in England and Wales are not properly accommodating children’s voices and needs because the government has suggested “it would all cost too much”, their former head has said.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Unrepresented PI litigants to receive “expert view” on claims – Legal Futures

‘Unrepresented personal injury (PI) claimants under the new whiplash regime will have paid-for access to an “independent view” of their claim, the Ministry of Justice has revealed.’

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Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette

‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’

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Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

Fury over MoJ ‘betrayal’ on legal aid at inquests – Law Society’s Gazette

‘The Ministry of Justice has been accused of betraying those campaigning to ensure an equality of arms between bereaved families and the state at inquests.’

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Law Society's Gazette, 8th February 2019

Source: www.lawgazette.co.uk

A ‘drop in the ocean’ for justice? – Law Society’s Gazette

Posted February 11th, 2019 in budgets, legal aid, litigants in person, Ministry of Justice, news by tracey

‘The Ministry of Justice sweetened its long-awaited review of swingeing legal aid cuts with a pledge to spend £8m on legal support and litigants in person. But does its response go far enough?’

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Law Society's Gazette, 11th February 2019

Source: www.lawgazette.co.uk

The Domestic Abuse Bill: a long-awaited overhaul or flawed legislation with an implementation problem? – Family Law Week

‘Hannah Gomersall, barrister at Coram Chambers, explores the proposed reforms set out in the government’s Domestic Abuse Bill: its scope, workability and whether the Family Court will be able to cope with the ensuing workload.’

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Family Law Week, 7th February 2019

Source: www.familylawweek.co.uk

Gauke: Innovation and tech the way forward on legal aid – Legal Futures

Posted February 8th, 2019 in budgets, civil justice, legal aid, litigants in person, news by sally

‘The justice secretary said yesterday that innovation and technology, rather than significant increases in legal aid spending, are the way to improve access to justice.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Surge in parents forced to fight child custody battles with no legal representation – The Independent

Posted February 5th, 2019 in budgets, children, custody, families, legal aid, litigants in person, news, statistics by tracey

‘The number of parents forced to represent themselves in child custody battles at family courts has more than doubled in six years in the wake of legal aid cuts. Campaigners have warned “huge injustices” are taking place and children’s best interests are being “obscured”. Government data revealed 23,881 parents who applied to open private law cases for child arrangements in 2017 had no legal representation – up 134 per cent since 2011.’

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The Independent, 4th February 2019

Source: www.independent.co.uk

Lay users “must be at heart of court process”, says think tank – Litigation Futures

Posted January 28th, 2019 in courts, legal aid, litigants in person, news by sally

‘Greater efforts need to be made to put lay court users at the centre of the legal system so they understand the process, know what to expect, and can therefore participate fully, according to an influential justice think tank.’

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Litigation Futures, 28th January 2019

Source: www.litigationfutures.com

Analysis: New Practice Direction signals further step forward for online divorce – Family Law

‘Emma Chowdhury, of the International Family Law Group, discusses new Practice Direction FPR 2010 PD 36L whichs allow some litigants in person to pilot the next stage of the online divorce system.’

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Family Law, 24th January 2019

Source: www.familylaw.co.uk

Court restores appeal after email over 10MB bounced back – Law Society’s Gazette

‘The Court of Appeal has granted leniency to a litigant whose first attempt at submitting a document failed because the electronic file was too big. In J v K & Anor, Lord Justice Underhill said the appellant, then unrepresented, could not have been expected to know the limits on email submission and his appeal was wrongly dismissed.’

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Law Society's Gazette, 23rd Janaury 2019

Source: www.lawgazette.co.uk

Unlawful service of claim by unregulated person still valid – Legal Futures

Posted January 16th, 2019 in litigants in person, news, service by sally

‘It was wrong to punish a litigant in person who used an unregulated business to serve a claim, even though this was the unlawful conduct of litigation, the Court of Appeal has ruled.’

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Legal Futures, 16th January 2019

Source: www.legalfutures.co.uk

Legal aid advice network ‘decimated’ by funding cuts – BBC News

Posted December 11th, 2018 in budgets, housing, legal aid, legal representation, litigants in person, news, statistics by sally

‘Cuts to legal aid have created “deserts” of provision across England and Wales, a BBC investigation found.’

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BBC News, 10th December 2018

Source: www.bbc.co.uk

Discrimination claims against leading firm an “abuse of process” – Legal Futures

‘An employment tribunal has ruled that claims of racial discrimination and harassment brought against national firm Shoosmiths amount to an abuse of process.’

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Legal Futures, 11th December 2018

Source: www.legalfutures.co.uk

Litigants in Person – an inherent problem with the justice system – Family Law Week

Posted November 21st, 2018 in budgets, legal aid, legal representation, litigants in person, news, statistics by tracey

‘Matthew Richardson, barrister at Coram chambers considers the fundamental problem with re-shaping our justice system around a huge increase in litigants in person, caused by the removal of legal aid provision from most cases.’

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Family Law Week, 9th November 2018

Source: www.familylawweek.co.uk

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

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Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

Balancing the rights of domestic abuse victims and their alleged abusers in court – Family Law

‘Should a court allow a potential perpetrator of domestic abuse, when they are acting in person, to cross-examine their alleged victim? Does this run the risk of the proceedings themselves being abusive? Or will it unfairly curtail the ability of the accused to put their case? If the court does not allow direct cross-examination, how should it proceed?’

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Family Law, 30th October 2018

Source: www.familylaw.co.uk