Law Society Legal News Summary 9 October 2024


Rental reform 

Property Industry Eye reports that rental reform is within reach if the UK government provides proper funding for the justice system alongside banning Section 21 evictions. 

President Nick Emmerson said: “As the housing crisis spirals out of control, it is vital that renters are afforded clear rights that protect them from unjust treatment and homelessness. 

“Abolishing ‘no-fault’ evictions is a critical step in bolstering these protections and we are pleased the government has prioritised this action in its Renters’ Rights Bill. 

“The government must also balance tenant rights with landlords’ routes to repossessions. Maintaining this balance is key to reforming the rental market. 

“We remain concerned that an underfunded justice system will hinder any progress made in strengthening renters’ rights. 

“As the Bill may lead to an increase in eviction hearings in the short term, it is in the interests of both renters and landlords that renters have access to legal help and that the courts are adequately resourced to handle the increasing demand.”

Read our press release
 

Family court statistics 

Womensgrid reports that an increasing number of domestic abuse survivors in the UK are being forced to represent themselves in family court proceedings, highlighting a troubling gap in access to justice. 

President Nick Emmerson said: “Our research shows 19% of legal aid firms have closed in the last five years. 

“Unable to afford representation, many are forced to appear in court on their own, navigating complex court processes and procedures to seek protection for themselves and their children. 

“The UK government’s failure to expand the legal aid means test has also meant that people living in poverty are unable to meet the income threshold. We must expand the means test and invest in legal aid, so that survivors of domestic violence can access the legal help they need. Only then can survivors of domestic abuse get the justice they deserve.” 

Read our press release

Legal aid crisis

The Gazette Ireland covers of our advice to members to consider scaling back their legal aid work until ministers provide a meaningful response to their demands.

Incoming Law Society president Richard Atkinson said: “The dedication of criminal legal aid lawyers has allowed successive governments to paper over the cracks and avoid the hard decisions that need to be made about our criminal justice system. That goodwill has run out.

“We can no longer ask firms to hold on in the hope of action from government that may never come. We have gone beyond a system that is based on goodwill, and now it is at the limits of financial viability.

“We recommend firms examine the viability of each type of criminal legal aid work they undertake to decide if they should scale back or withdraw altogether until there is meaningful action by the new government.”

Gazette reports that the Ministry of Justice has been in possession of judge-led advice on the state of criminal legal aid for two months, according to the Criminal Bar Association.

The Law Society has already lost patience with the government and this week advised members who do criminal legal aid to scale back or withdraw from the sector altogether until they see 'meaningful action' from the government.

Read our press release

Black History Month

LawCareers.net and Today’s Wills and Probate cover our recent guidance to support Black and minority ethnic students entering the profession, as we mark Black History Month.

President Nick Emmerson said: “The journey to a legal career can be a daunting experience for all aspiring solicitors. For a minority ethnic student, the extremely competitive environment may feel even more overwhelming, especially with the added challenges of having to overcome barriers often based on assumptions and lack of knowledge.”

Read our press release

Legal aid fraud

The Telegraph (£) covers of disgraced human rights lawyer Phil Shiner. It mentions that the Law Society, alongside Liberty, Justice and the Birmingham Law Society repudiate the accolades each organisation awarded him in the 2000s.
 

Also worth a read: 

  • Reed Smith goes all in with College of Legal Practice for the SQE -  Legal Cheek
  • Post Office executive ‘told staff to destroy Horizon evidence Times (£)
  • We have agreement’: ENRC and SFO settle on court steps – Gazette
  • New bill to propose assisted dying rights for terminally ill in England and Wales – Today’s Wills and Probate
  • Prison drug crisis sees up to 77 per cent of inmates test positive, Chief Inspector says more investment is needed Telegraph (£)
  • No misconduct by Rooney lawyers, judge rules - BBC News
  • Analysis: Scapegoat Sue Gray’s exit leaves Starmer’s No 10 with nowhere to hide - Guardian
  • Business seeks clearer timetable on UK worker rights overhaulFinancial Times (£)
  • Family of deceased tenant refused entry to property containing life’s work - Guardian
  • MPs pile pressure on Labour to oppose Saudi bid to join UN’s Human Rights Council – Independent

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