*/
A shortage of judges is creating delays in the family courts, the President of the Family Division has warned.
Sir Mark Potter, delivering the Hershman/Levy memorial lecture in July, said resource restrictions in the Courts Service and new developments in the law, have increased the workload of High Court judges. This has caused a “cascading down” effect, increasing the burden on county court judges and district judges. He expressed support for the campaign by lawyers against the Legal Services Commission (“LSC”) proposed cuts to the family legal aid budget.
Many solicitors’ firms and barristers have either already cut down on or abandoned publicly funded family work, he said, and those who could command private work tended to be the more experienced. The less experienced tended to be the less efficient at case management, and consequently, lack of representation would lead to more litigants in person and more delays.
“I feel bound to observe that there is a discouraging lack of realism in the apparent determination of the LSC to disregard these warnings,” he said. “Since the time of Lord Carter’s Review the LSC has ignored his recommendation that in children cases a graduated fee scheme was necessary in light of the difference in complexity of the infinite variety of such cases ...”
He said the proposal that the fixed fee for interim hearings be paid at a lower rate than for final hearings was the one that most concerned the judiciary and would have a “chilling effect” on the readiness of advocates to take on such work.
Sir Mark Potter, delivering the Hershman/Levy memorial lecture in July, said resource restrictions in the Courts Service and new developments in the law, have increased the workload of High Court judges. This has caused a “cascading down” effect, increasing the burden on county court judges and district judges. He expressed support for the campaign by lawyers against the Legal Services Commission (“LSC”) proposed cuts to the family legal aid budget.
Many solicitors’ firms and barristers have either already cut down on or abandoned publicly funded family work, he said, and those who could command private work tended to be the more experienced. The less experienced tended to be the less efficient at case management, and consequently, lack of representation would lead to more litigants in person and more delays.
“I feel bound to observe that there is a discouraging lack of realism in the apparent determination of the LSC to disregard these warnings,” he said. “Since the time of Lord Carter’s Review the LSC has ignored his recommendation that in children cases a graduated fee scheme was necessary in light of the difference in complexity of the infinite variety of such cases ...”
He said the proposal that the fixed fee for interim hearings be paid at a lower rate than for final hearings was the one that most concerned the judiciary and would have a “chilling effect” on the readiness of advocates to take on such work.
A shortage of judges is creating delays in the family courts, the President of the Family Division has warned.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability – Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines
There is no typical day in the life as a Supreme Court judicial assistant, says Josephine Gillingwater, and that’s what makes the role so enjoyably diverse
