Archive for the 'legal representation' Category

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) – WLR Daily

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346

“The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had breached its substantive obligations under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal aid backlog leaves some defendants unrepresented – Law Society’s Gazette

“Delays in processing legal aid applications are leaving some defendants in London’s Crown and magistrates’ courts unrepresented, criminal solicitors have warned.”

Full story

Law Society’s Gazette, 16th December 2010

Source: www.lawgazette.co.uk

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London – WLR Daily

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London
[2010] EWHC 3098 (Admin); [2010] WLR (D) 305

“A coroner did not have power to receive sensitive evidence relating to the security service in a closed hearing in the absence of properly interested persons and their legal representatives.”

WLR Daily, 1st December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baby P mother denied inquest representation funding – BBC News

“Baby Peter’s mother and her boyfriend have been denied public funding to be represented at any resumed inquest into the child’s death.”

Full story

BBC News, 21st September 2010

Source: www.bbc.co.uk

Quality of legal aid is as important as access to a lawyer – The Guardian

“Justice for vulnerable clients can be frustrated when lawyers are not up to the job.”

Full story

The Guardian, 17th September 2010

Source: www.guardian.co.uk

Legal aid is in tatters and only long-term thinking can mend it – The Guardian

“The legal aid budget for asylum seekers is bloated because poor and rushed decisions are made early on – only radical reform, not cuts, can trim the bill.”

Full story

The Guardian, 19th August 2010

Source: www.guardian.co.uk

Legal aid cuts put access to justice at risk, say lawyers – The Guardian

“Thousands of the most vulnerable people risk being denied emergency access to free advice from lawyers following major changes to the way legal aid is delivered, family law experts warn today.”

Full story

The Guardian, 17th august 2010

Source: www.guardian.co.uk

Call for ‘urgent action’ on children’s services – Law Society’s Gazette

“A group of 18 legal, medical and child care organisations has called for urgent action to reform the delivery of court services to children in family proceedings.”

Full story

Law Society’s Gazette, 5th August 2010

Source: www.lawgazette.co.uk

Legal aid clients left in limbo after payment changes – BBC News

“Hundreds of lawyers no longer advise vulnerable clients as changes in legal aid payments have forced many to abandon the work, the BBC has learned.”

Full story

BBC News, 5th August 2010

Source: www.bbc.co.uk

Solicitor General: speech to the ALBA summer conference – Attorney General’s Office

“New Solicitor General Edward Garnier QC MP addresses the Constitutional and Administrative Law Bar Association about the role of the Law Officers.”

Full speech

Attorney General’s Office, 17th July 2010

Soruce: www.attorneygeneral.gov.uk

Refugee and Migrant Justice clients lose High Court bid – Law Society’s Gazette

“The High Court has rejected a bid to allow collapsed immigration advice charity Refugee and Migrant Justice to carry on representing its clients until their cases are transferred to other firms.”

Full story

Law Society’s Gazette, 7th July 2010

Source: www.lawgazette.co.uk

Funding crisis over legal aid threatens UK asylum chaos, ministers are warned – The Guardian

“The government has been warned of impending chaos in the asylum system if a body representing the rights of people fleeing persecution and violence is forced to close due to changes in the way legal aid is paid.”

Full story

The Guardian, 30th May 2010

Source: www.guardian.co.uk

Garry Mann loses extradition court fight – BBC News

“An England fan has lost his latest fight to avoid being extradited to Portugal to serve a jail term for his involvement in a riot during Euro 2004.”

Full story

BBC News, 19th January 2010

Source: www.bbc.co.uk

Police accused of preventing suspects accessing lawyers – The Independent

“Defendants are being denied a fair trial because police pressure deters them from being represented by a lawyer after their arrest, a survey reveals today.”

Full story

The Independent, 27th November 2009

Source: www.independent.co.uk

 

Kulkarni v Milton Keynes Hospital NHS Foundation Trust – Times Law Reports

Kulkarni v Milton Keynes Hospital NHS Foundation Trust

Court of Appeal

“A hospital doctor who was subject to disciplinary proceedings brought by his employer was entitled under the contract of employment to be represented at the hearing by a lawyer instructed or employed by his medical defence organisation.”

The Times, 6th August 2009

Source: www.timesonline.co.uk

High Court revokes control order – BBC News

“The government’s anti-terror strategy has suffered a blow after the High Court revoked the control order of a suspect accused of links to al-Qaeda.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another – WLR Daily

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789; [2009] WLR (D) 257

“A medical practitioner, pursuant to his contract of employment, was entitled to be represented by a lawyer instructed or employed by the Medical Protection Society, or other defence organisation, in disciplinary proceedings brought by his employer.”

WLR Daily, 24th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re M (Restraint order: Reasonable living expenses) – Times Law Reports

In re M (Restraint order: Reasonable living expenses)

Court of Appeal (Criminal Division)

“Where reasonable living expenses were made available as an exception to a restraining order, those expenses could not be used to pay contributions to the Legal Services Commission for publicly funded representation in related proceedings.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – WLR Daily

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180

“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”

WLR Daily, 11th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – Times Law Reports

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE

House of Lords

“Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person had to be given sufficient information about the case against him to enable him to give effective instructions to the special advocate representing him.”

The Times, 11th June 2009

Source: www.timesonline.co.uk

Analysis: contol orders ruling – information or freedom – The Times

“Yesterday’s ruling highlights the conflicting demands faced by the Government since the September 11 attacks: the need to protect the public from terrorists and the fundamental rights of the individual.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Law Lords devastate terror control orders in secret evidence ruling – The Times

“The Law Lords today blew a hole in the Government’s controversial control orders for terrorist suspects in a ruling against the use of secret evidence.”

Full story

The Times, 10th June 2009

Source: www.timesonline.co.uk

Secret evidence: undermining the great traditions of British justice – The Times

“Tomorrow the law lords will hand down their decision on the legality of the control orders regime under which terrorist suspects are detained.”

Full story

The Times, 9th June 2009

Source: www.timesonline.co.uk

Regina (G) v Governors of X School – Times Law Reports

Regina (G) v Governors of X School

Queen’s Bench Division

“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) – WLR Daily

In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) [2008] EWHC 2281 (Fam); [2008] WLR (D) 306

“Where a parent in family proceedings was also involved in some other relevant matter such as an asylum or immigration dispute with the Home Office, criminal proceedings or a housing dispute, practitioners acting for that parent had an ongoing duty to remain au courant with what was going on elsewhere even if that other matter was being handled by other professionals.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rhys case legal aid row resolved – BBC News

“The legal aid dispute which threatened to delay the start of the trial of a 17-year-old accused of murdering Rhys Jones in Liverpool has been settled.”

Full story

BBC News, 4th September 2008

Source: www.bbc.co.uk

Legal aid wrangle risks miscarriage of justice – The Times

“A teenager accused of the murder of Rhys Jones has been left without a QC with only a month to go before trial.”

Full story

The Times, 2nd September 2008

Source: www.timesonline.co.uk

Newport City Council v Charles – Times Law Reports

Newport City Council v Charles

Court of Appeal

“A fixture need not be vacated when the Civil Appeals Listing Office had failed to ascertain that leading counsel was prebooked for an appeal due to be heard in Cardiff.”

The Times, 29th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ban Ministry of Defence from hiring lawyers for inquests, say Tories – Daily Telegraph

“The Ministry of Defence should be banned from hiring barristers to defend it at military inquests, the Conservatives will say on Tuesday.”

Full story

Daily Telegraph, 16th June 2008

Source: www.telegraph.co.uk

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another – WLR Daily

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612; [2008] WLR (D) 183

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

WLR Daily, 9th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another – Times Law Reports

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another

Court of Appeal

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

The Times, 11th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Why murderers deserve a good lawyer – The Times

“In a civilised society everyone has the right to a fair trial, no matter how horrible the offence or how fantastic the defence may be.”

Full story

The Times, 7th March 2008

Source: www.timesonline.co.uk

To deliver justice we need time, not a midwife – The Times

“It is nine months since ‘Falconer’s Folly’ began its roll-out to all 360 magistrates’ courts in England and Wales. This scheme is more properly called ‘speedy justice’ – a system designed to hurry cases through the courts. A trial period in Thames, Camberwell, Coventry and West Cumbria proved that it did just that, according to some official statistics.”

Full story

The Times, 13th November 2007

Source: www.timesonline.co.uk  

Dando killer asks for new legal team – The Times

“Barry George, the man serving a life sentence for the murder of television presenter Jill Dando, has demanded a new legal team three weeks before a second appeal against his conviction is due to begin.”

Full story

The Times, 12th October 2007

Source: www.timesonline.co.uk

‘Call centre justice’ criticised – BBC Law in Action

“The government has been criticised for cutting the right of arrested suspects to advice from a qualified lawyer.”

Full story

BBC Law in Action, 9th October 2007

Source: www.bbc.co.uk

Police investigate bogus detention lawyer – The Guardian

“A bogus lawyer who evaded security at two detention centres and took thousands of pounds from desperate asylum seekers is at the centre of a police investigation. The Home Office confirmed that detectives are examining the activities of Alan Kamara-Francis, a self-styled ‘street barrister’ who claims he has been entering Yarl’s Wood and Oakington detention centres for the past four years to act as a legal adviser to migrants facing deportation.”

Full story

The Guardian, 24th July 2007

Source: www.guardian.co.uk

Suspects ‘denied’ lawyer access – BBC News

“Police are flouting rules to protect people in custody by denying suspects legal representation for ‘intelligence interviews’, lawyers have claimed.” 

Full story

BBC News, 5th June 2007

Source: www.bbc.co.uk

Related link: BBC Law in Action: Police ‘intelligence interviews’


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