Law Society Legal News Summary 25 January 2024


Civil legal aid system is on its knees

The Times (£) reports on the Ministry of Justice publishing its provider survey of the civil legal aid market to inform its Civil Legal Aid Review.

Law Society vice president Richard Atkinson said: “The report shows what we already knew, the civil legal aid system is on its knees.

“The findings reflect an experienced workforce committed to access to justice and supporting their clients, but who are being driven out of the sector through unsustainable fee levels and LAA bureaucracy and decision making.

“The long term looks particularly bleak given the shortage of new young lawyers coming into the system to take over from experienced lawyers as they reach the end of their careers.

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No Commons debate on Rwanda treaty

Sky News and the Guardian (at 17.09 GMT) cover our concerns after Tom Pursglove, the minister for legal migration, indicated in a written answer that the government is not planning to let MPs have a debate and vote on the government’s treaty with Rwanda. The story is also picked up by several radio stations.

Law Society vice president Richard Atkinson said: “It is extremely disappointing that the government won’t make time for the House of Commons to debate the Rwanda treaty, despite the House of Lords vote in favour of delaying ratification.

“Given the Supreme Court found serious risks in the government’s Rwanda plan, this treaty ought to be scrutinised carefully to ensure the risks identified are fully addressed.

“MPs’ calls for a proper debate on the treaty are being ignored. It’s crucial to debate the substance of the treaty because any shortcomings will fatally undermine the Safety of Rwanda Bill and the government’s wider asylum policy.” 

Chris Cole, a member of our Immigration Law Committee, spoke to i news (£) about the Rwanda policy, as the Lords voted to delay the treaty earlier this week.

Day of the Endangered Lawyer

The Gazette covers our work in supporting lawyers at risk, as we marked International Day of the Endangered Lawyer. 

Law Society president Nick Emmerson said: “Across the world, lawyers continue to face harassment, surveillance, detention, torture, enforced disappearance and arbitrary arrest and conviction.

“Some are even killed, so it’s important to mark the Day of the Endangered Lawyer and honour those who risk their lives to defend the legal profession.

“Despite the use of intimidation tactics to target and undermine the legal profession, lawyers continue to protect the vulnerable and oppressed, defend human rights and ensure that those who violate them are held accountable.

“We use this day to draw attention to the plight faced by countless lawyers across the globe, as they fight for their right to freely exercise their profession and uphold the rule of law.”

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Mandatory mediation

Plans to introduce mandatory mediation for separating couples may be scrapped, reports Today’s Family Lawyer. 

Immediate past president of the Law Society Lubna Shuja said at the time the plans were introduced: “No form of dispute resolution should be mandatory. Attendance must be voluntary for it to be effective. 

“Most couples try to avoid costly court litigation and delays to resolution. The types of cases that do require a court hearing or court process – and would be impacted by the compulsory mediation scheme – are complex in nature.” 

Another Today’s Family Lawyer article covers our views on whether mediation should be mandatory for family cases.
 

Board Chair appointment 

Local Government Lawyer reports that our Board Chair Amerdeep Somal has been appointed as the next Local Government and Social Care Ombudsman (LGSCO).
 

Also worth a read:

  • Legal Ombudsman forced to revise backlog figure upwards – Legal Futures
  • Calls to police the metaverse – Times (£)
  • Arrests for allegedly posing as immigration lawyers – Daily Mail
  • SRA executives will be questioned about their role in supervising the collapse of Axiom Ince – Gazette
  • Bar Standards board has yet to see evidence from the Post Office inquiry that requires it to take urgent action against any barrister – Legal Futures
  • UN official voices concerns over the UK government's "stop the boats" policy – BBC

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