Law Society Legal News Summary 19 February 2024


Probate enquiry phone lines 

Which? and the People’s Network cover the ongoing delays in the probate system.

Law Society of England and Wales president Nick Emmerson said: “We recognise HM Courts and Tribunals Service’s efforts in reducing delays and cautiously agree with the temporary reduction of probate enquiry line opening hours in order to address a forecasted peak in applications. 

“HMCTS must ensure there is a strong workforce with the required knowledge and expertise to handle both digital and paper applications. Without a new level of staffing, the change in probate enquiry line opening hours will be in vain and our members’ clients will continue to suffer.”

Nightingale courts to stay open for another year

Planet Radio, the Wave and Greatest Hits Radio report that a handful of nightingale courts will stay open for another year in England and Wales amid efforts to cut case backlogs. 

Law Society president Nick Emmerson said extra resources to tackle backlogs causing "unacceptable delays" for victims were welcome but warned: “Additional physical capacity alone is not the solution. We know there are already nightingale courts sitting empty due to a lack of judges. 

“The most pressing issue is there are not enough lawyers, court staff or judges to cover all the outstanding cases. Long-term investment is needed across the whole criminal justice system to remedy this. 

“If no immediate action is taken, courts will be even less able to cope, with potentially damaging consequences for society. 

“A significant injection of funding is urgently needed to prevent this collapse.” 

BBC Radio Sussex (from 01:18) also cites our president.  
 

Nigeria-UK trade agreement 

African Law & Business continues coverage of the Nigerian-UK trade agreement. 

Law Society president Nick Emmerson said: “Contrary to earlier reports, the Enhanced Trade and Investment Partnership (ETIP) agreement between the UK and Nigerian governments does not contain any binding provisions to liberalise the practice rights of UK qualified lawyers in Nigeria. Our understanding is that the agreement is aspirational and provides a forum for UK and Nigerian legal stakeholders to pursue a constructive dialogue on areas of mutual interest, including knowledge sharing and supporting one another on international practice of law issues. 

“The Law Society works closely with the Nigerian Bar Association to enhance these bilateral relations and share best practice. We hope to continue our close engagement with the Nigerian Bar Association and legal profession both within and outside the ETIP framework.”
 

Protect lawyers in China 

The Gazette Ireland reports that we have raised our concerns with the United Nations as part of its Universal Periodic Review (UPR) on the human rights record of the People’s Republic of China. 

The Law Society said: “Since the last UN review of China under the UPR, it is reported that changes to the legislative and regulatory framework may be being used to interfere with the independence of the legal profession and the ability of lawyers to conduct their work and represent their clients effectively. 

“We are concerned over claims that the Administrative Measures for the Practice of Law by Lawyers is being used to prevent lawyers from conducting their legitimate professional services. 

“For example, there are reports that lawyers have faced sanctions when challenging the lawfulness of court proceedings, publicising accusations that their client’s rights have been violated, or criticising the government’s treatment of lawyers.” 

Read our press release
 

Evictions on the rise 

New Law Journal continues coverage of the most recent quarterly data which shows that evictions increased by 14% between October-December 2023. 

Law Society vice president Richard Atkinson said: “More and more firms can no longer afford to offer this service, as legal aid rates have decreased by almost 50% since 1996.” 

Read our press release
 

Collapse of justice system in Afghanistan 

Bnnbreaking continues coverage of our concern about the collapse of the justice system in Afghanistan and the persecution of legal professionals by the Taliban.

The warning came as Marzia Babakarkhail, a former family court judge from Afghanistan, was due to speak on behalf of the Law Society at the Afghanistan UPR pre-session in the United Nations

Read our press release
 

Also worth a read:

  • Post Office: Ex-chairman tells he was made to stall compensation to help Tories – Times (£)
  • Post Office: Badenoch hits back at ex-chairman – BBC News & Telegraph (£)
  • Law firms join forces to launch costs lawyer apprenticeship scheme – Legal Futures
  • Legal executives ask for vote on SRA switch – Gazette
  • Victims of crime face five-year waits for cases to go to court – Telegraph (£)
  • PM accused of squandering Brexit freedoms – Telegraph (£)

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