Social Welfare Lawyers in the Centre of Birmingham

News

Business As Usual

Despite the Coronavirus lockdown, we are continuing with business as usual at CLP. Though we are not carrying out any office appointments, we are arranging telephone appointments with both existing and new clients. Please telephone our switchboard on 0121 685 8595. Please note that, during this emergency period, the switchboard will have slightly reduced hours and will be open between 9am and 5pm.

No Mad Laws Campaign

This campaign consists of Gypsy and Traveller support groups and representatives and Gypsies and Travellers themselves who have joined together to highlight the disastrous effect that the Coalition Government’s legal aid and judicial review reforms will have upon Gypsies and Travellers.
Please sign our petition at: http://you.38degrees.org.uk/petitions/no-mad-laws

Legal Action Magazine have published an article about the campaign: http://www.lag.org.uk/magazine/2014/10/legal-aid-cuts-impact-statement.aspx

Redefining Travellers Out Of Existence

This is how Andrew George MP described the new Government consultation on ‘planning and travellers’ in the Sunday Times on 14 September: http://www.thesundaytimes.co.uk/sto/news/article1459044.ece The consultation can be found at: https://www.gov.uk/government/consultations/planning-and-travellers-proposed-changes-to-planning-policy-and-guidance The deadline for responses is 23 November 2014.

Case Law on Compliance with Directions (Post Mitchell Update)

Following the case of Mitchell v News Group, the Courts have taken a very strict view indeed to failure to comply with Court directions. This appears to be loosening somewhat.

Firstly we would refer the reader to the article on the Nearly Legal Housing Law Website – This is what we always meant and especially the piece concerning the amendments to the Civil Procedure Rules on 5th June 2014 – see the article at:-

http://nearlylegal.co.uk/blog/2014/05/this-is-what-we-always-meant/

The piece on Nearly Legal also refers to the Judgment of Jackson LJ (yes, that Jackson!) in Hallam Estates Limited v Baker [2014] EWCA Civ 661. In terms of the amendment to the Civil Procedure Rules, Rule 3.8 (4) will now read:-

(4) In the circumstances referred to in paragraph (3) and unless the Court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date.

Kick In The Shins

R (Public Law Project) -v- The Secretary of State for Justice [2014] EWHC 2365 (Admin) 15 July 2014

The Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2012 Part 1 Schedule 1 lists those areas of law that remain in scope for legal aid. The Lord Chancellor proposed by the LASPOA 2012 (Amendment of Schedule 1) Order 2104 (‘the Order’) to introduce a residence test. All those who failed the test would be removed from the scope of Part 1 Schedule 1.

Public Law Project (PLP) challenged the lawfulness of the Order. Moses J gave the leading judgment of a three judge court.

Judicial Review and Legal Aid

Following their response to the consultation on judicial review, the Ministry of Justice have produced civil legal aid regulations to implement the proposed changes with regard to payment of legal aid in such cases. However we have noticed that the regulations do not replicate the MoJ’s proposals. We trust this is a mistake. Submissions on this need to be made by Tuesday March 18th and can be sent via Nicola Mackintosh of the Legal Aid Practitioners group: