Family courts ‘running up a down escalator’ due to increase in cases – The Guardian

Posted July 3rd, 2019 in budgets, family courts, legal aid, litigants in person, news by sally

‘Family courts are having to “run up a down escalator” to keep pace with unprecedented increases in childcare cases, the most senior family judge in England and Wales has said.’

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The Guardian, 3rd July 2019

Source: www.theguardian.com

Property damage “will be covered” by whiplash regime – Legal Futures

‘The whiplash portal for litigants in person will cover claims for property damage, in addition to personal injury and uninsured losses, the Motor Insurers Bureau (MIB) has confirmed.’

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Legal Futures, 2nd July 2019

Source: www.legalfutures.co.uk

Victims of discrimination ‘denied justice’ as legal aid cuts create ‘David vs Goliath’ scenario, report finds – The Independent

‘Victims of discrimination in England and Wales are being denied justice due to soaring legal aid cuts, the equalities watchdog has warned. The Equality and Human Rights Commission (EHRC) said people who had been discriminated against for reasons such as their race, gender or disability were being left to represent themselves in court, creating a “David vs Goliath” scenario or letting perpetrators to go entirely unchallenged.’

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The Independent, 19th June 2019

Source: www.independent.co.uk

Legal aid: students give ‘desperate’ clients free advice – BBC News

‘A free advice clinic provided by law students has a six-month waiting list because people on low incomes struggle to get a solicitor, its director says.’

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BBC News, 13th June 2019

Source: www.bbc.co.uk

First High Court guidance on proportionality leads to huge costs cut – Litigation Futures

Posted June 10th, 2019 in appeals, costs, litigants in person, news, proportionality, shareholders by sally

‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’

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Litigation Futures, June 2019

Source: www.litigationfutures.com

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

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