Supreme Court ruling on Rwanda policy
The Gazette covers the legal profession’s reaction to the Supreme Court’s ruling that the government’s Rwanda policy is unlawful. The Prime Minister has since announced his government will draft emergency legislation to bring forward the Rwanda policy.
A Law Society of England and Wales spokesperson said we would “wait to see the detail” and the “government has yet to explain how its Illegal Migration Act can work in practice.”
“Even with a Rwanda scheme, the government still does not have sufficient return agreements to implement the act and risks adding a new group of asylum seekers left in legal limbo to the already extensive backlog of asylum claimants.”
Children caught in private family law proceedings
BBC News runs an in-depth piece looking at the impact of children and parents being stuck in private family law proceedings due to delays.
There are more than 80,000 children caught up in private family law proceedings. It cites our analysis that the average family law case took around 10 months – or almost 45 weeks – in 2022.
Civil legal aid funding report
Today’s Family Lawyer covers the Ministry of Justice’s evaluation report on how its investment has helped people get financial support for legal advice on family, housing and debt problems.
Law Society president Nick Emmerson said: “We welcome the recognition from the government that providing support to anyone facing legal issues is a cost-effective investment for the taxpayer. We hope to see further policies and proposals that build on that recognition.
“We are pleased that early legal advice has led to positive outcomes. However, it is best used alongside a sustainably funded legal aid system, rather than expecting advice-providers to live hand-to-mouth on precarious government grants.
“The Law Society has long called for a more strategic approach to legal support for people who need it. Widening legal aid for early advice in family, housing and debt cases, as well as investing in legal aid services to make the system more sustainable, would better provide people with the access to justice they deserve.”
SRA regulation of CILEX could risk consumer confusion
Solicitors Journal covers our response to the Solicitors Regulation Authority’s (SRA) consultation on the regulation of Chartered Institute of Legal Executive (CILEX) members.
Law Society president Nick Emmerson said: “The Law Society is concerned about the risk to the reputation of the SRA and a loss of confidence in its regulatory capacity, due to a real or perceived lack of partiality towards the inevitable competition between the professions represented by the Law Society and CILEX.
“The SRA will effectively be given the power of adjudicating any disagreements between them over regulatory matters.
“This fundamental alteration to the regulatory arrangements of the Solicitors Regulation Authority does not consider the disadvantages to members of its existing regulated community.
“The consultation also does not consider how the proposals may adversely affect the SRA’s ongoing duty to regulate the solicitor profession in a way that supports and promotes the regulatory objectives.”
Renters (Reform) Bill
Our head of justice Richard Miller spoke before the Department for Levelling Up, Housing and Local Government Select Committee about the Renters (Reform) Bill.
He told Landlord Zone and the National Residential Landlords Association: “There are some genuine concerns about the capacity of the system at the moment. We are seeing significant backlogs within the courts.
“We expect that the provisions in [the Renters (Reform) Bill] will lead to a significant increase in the number of contested hearings, so there is substantial concern about the capacity of the system to handle the workload that will come with this change.
“There needs to be investment to increase capacity, and that also needs to extend to legal aid.
“Landlords’ solicitors, as much as tenants’ solicitors, have told us that they need tenants to be represented.
“Landlords do not want to be up against unrepresented parties in contested hearings: it is bad for the landlords, it is expensive for the landlords and it is expensive for the court, which has to put a lot more resources into dealing with litigants in person.”
Support for disabled lawyers
Today’s Family Lawyer and Today’s Conveyancer continue coverage of our guidance which was released to support disabled students through the course of their legal career to mark the start of Disability History Month.
Law Society president Nick Emmerson said: “The journey to a legal career can be a daunting experience for many aspiring solicitors. A disabled student faces the additional stress of having to overcome barriers based on assumptions and lack of knowledge.
“Entry to the solicitors’ profession is open to a wide range of candidates and being disabled does not mean exclusion. We hope this guidance will help disabled students have a positive start as they enter the legal profession.”
Managing an estate
Gary Rycroft, a member of our council membership committee, speaks to the Daily Mail about how beneficiaries to an estate can best handle their new finances.
“I encourage will-makers to leave gifts with a minimum age of 25 to become entitled, but with a 'power of advancement' incorporated in the will so the executors can advance capital or income before that age at their discretion. A trust is therefore created until age 25.”
Global legal centre report
Lexology covers our recent report which found that London is the most attractive centre for commercial litigation and international arbitration.
COP28
The Gazette Ireland reports that the Law Society of England and Wales, International Bar Association, and the Brazilian Bar Association will be co-hosting an off-site event during the UN’s Climate Change Conference (COP28) on the role of lawyers and law association in tackling the climate crisis.
Women Who Will Report
Immediate past president Lubna Shuja writes the foreword for this year’s Women Who Will report, which honours trailblazers in the law.
Irish Legal News reports that she said it was important to “give a voice to those women who are often overlooked or underestimated.”
“The Women Who Will report contains stories to not only inspire but also motivate us to be our best selves, to ignore those negative voices, those doubting thoughts and to simply focus on how to get to where we want to be, at our own pace and on our own terms — because yes, we can!
“There are so many women out there who already have, and so many more who can. Let’s support each and every one of them to be the absolute best and be Women Who Will.”
Also worth a read:
- Autumn Statement: What could be announced? – BBC News
- Autumn Statement: Jeremy Hunt explores cutting inheritance and business levies – FT (£)
- PM considering defying the Human Rights Act as part of the Rwanda policy – Independent
- PM ready to overhaul ECHR – LBC News
- Support Through Court calls for volunteers in civil and family court proceedings – Gazette
- Post Office spent £24m on external disclosure lawyers – Gazette