Law and Rights
The High Court has quashed the tendering process used by the Legal Services Commission to award legal aid contracts to family law firms - see Law Society and Law Society Gazette. See also the earlier post on Law and Lawyers. Unfortunately, this is likely to be akin to winning a skirmish whilst eventually losing the war. The government plans to turn the Legal Services Commission into an executive agency of the Ministry of Justice - (Guardian 3rd March). There is little doubt that the objective will remain to reduce the number of legal aid firms practising in this area. Arguments that vulnerable children may well suffer appear to cut no ice.
The Times 30th September, published an article by Camilla Cavendish - "If we cut legal aid, do families not bleed?" Cavendish pointed to a care case relating to three children in which Coventry City Council had pressed ahead with proceedings but eventually had to admit that it lacked evidence to support its claims. After hearing an application brought by the BBC, the judge ordered that the Council could be named. In an earlier judgment on the case (here), the judge noted that costs were approaching £400,000 and this was a matter of concern when the children were "happy, settled and, within the bounds of what is possible in the confines of their overcrowded home, well cared for". The family could not have defended itself without legal aid used wisely by a good lawyer.
High Court rules family contract round unlawful - Solicitors Journal 30th September 2010.
Coventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) [2010] EWHC B22 (Fam)
Addendum 18th October: The judgment of the High Court quashing the tender process is at Law Society v Legal Services Commission [2010] EWHC 2550 (Admin).
- Transforming Legal Aid: Next Steps ~ A New Consultation ~ The Fight For Fairness Is Not Over
As mentioned in the previous post, the government has published revised proposals for transforming legal aid - Ministry of Justice - Law Society and MoJ agree new proposals for criminal legal aid. The revised proposals may be read HERE and...
- Is "justice" In Safe Hands?
"Justice" is under serious threat. Here is some of the evidence: 1). A massive cull of family law solicitors has been announced by the Legal Services Commission. An article by family lawyer Marilyn Stowe describes the situation as a "bloody...
- Children And The Courts .... Concern Over Delays In Care Proceedings
The Guardian has recently published interesting items about delays in cases involving the care of children ("care proceedings"). Many of these cases are far from straightforward. Barnardos are suggesting a 30 week period in which care...
- The Cull In Legal Aid For Family Work - 46% Fewer Firms
Even the Legal Services Commission has admitted that a cut of 46% of solicitors firms providing family law services was not intended - see "LSC chief: tender outcome "unintentional" - Law Society Gazette 5th August. Even if true, that is little...
- It Looks Like A Dismal Picture For Legal Services And For Justice
24th March saw the final budget of the Labour Government elected in 2005. On top of recently announced closures of 20 magistrates' courts, the Ministry of Justice published plans to make further substantial savings - see Ministry of Justice. ...
Law and Rights
Family Law and legal aid .... do families not bleed?
The Times 30th September, published an article by Camilla Cavendish - "If we cut legal aid, do families not bleed?" Cavendish pointed to a care case relating to three children in which Coventry City Council had pressed ahead with proceedings but eventually had to admit that it lacked evidence to support its claims. After hearing an application brought by the BBC, the judge ordered that the Council could be named. In an earlier judgment on the case (here), the judge noted that costs were approaching £400,000 and this was a matter of concern when the children were "happy, settled and, within the bounds of what is possible in the confines of their overcrowded home, well cared for". The family could not have defended itself without legal aid used wisely by a good lawyer.
High Court rules family contract round unlawful - Solicitors Journal 30th September 2010.
Coventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) [2010] EWHC B22 (Fam)
Addendum 18th October: The judgment of the High Court quashing the tender process is at Law Society v Legal Services Commission [2010] EWHC 2550 (Admin).
- Transforming Legal Aid: Next Steps ~ A New Consultation ~ The Fight For Fairness Is Not Over
As mentioned in the previous post, the government has published revised proposals for transforming legal aid - Ministry of Justice - Law Society and MoJ agree new proposals for criminal legal aid. The revised proposals may be read HERE and...
- Is "justice" In Safe Hands?
"Justice" is under serious threat. Here is some of the evidence: 1). A massive cull of family law solicitors has been announced by the Legal Services Commission. An article by family lawyer Marilyn Stowe describes the situation as a "bloody...
- Children And The Courts .... Concern Over Delays In Care Proceedings
The Guardian has recently published interesting items about delays in cases involving the care of children ("care proceedings"). Many of these cases are far from straightforward. Barnardos are suggesting a 30 week period in which care...
- The Cull In Legal Aid For Family Work - 46% Fewer Firms
Even the Legal Services Commission has admitted that a cut of 46% of solicitors firms providing family law services was not intended - see "LSC chief: tender outcome "unintentional" - Law Society Gazette 5th August. Even if true, that is little...
- It Looks Like A Dismal Picture For Legal Services And For Justice
24th March saw the final budget of the Labour Government elected in 2005. On top of recently announced closures of 20 magistrates' courts, the Ministry of Justice published plans to make further substantial savings - see Ministry of Justice. ...