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05 June 2024
Issue: 8074 / Categories: Legal News , Family , Profession , Legal aid focus
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Families without lawyers in care cases

More than a quarter of parties in some areas of England and Wales are unrepresented in public family law cases, which determine whether a child should be removed into local authority care

Figures collected by the Law Society found 30% unrepresented in Medway and Canterbury, 28% unrepresented in Portsmouth (Hampshire and Isle of Wight), 27% unrepresented in North Wales, 26.5% unrepresented in Devon, and 25% unrepresented in South East Wales.

Lizzy Parkes, national helpline manager at Support Through Court, said: ‘Many of the family cases we are seeing at our service are eligible for legal aid but cannot find a legal aid provider with the capacity to take on new cases.

‘At the same time, the majority, if not all, of the cases involve domestic abuse.’

Liz Fisher-Frank, acting director at Essex Law Clinic, said: ‘Where in the past a solicitor’s letter may have resolved issues or encouraged mediation, now clients seeking to resolve issues, where necessary, must navigate the process of making an application to the court on their own—which can be incredibly daunting and for some simply too much to deal with.’

The Law Society has called on the next government to increase civil legal aid to make the work financially viable, uprate the civil legal aid means test eligibility to widen the pool of people eligible for legal aid, and collect and publish better data on the family justice system.

Law Society president Nick Emmerson said: ‘Our members tell us that they see litigants in person (LiPs) who represent themselves feeling overwhelmed with court process, court orders and procedure rules, which leads them to have difficulties.

‘There has been a small improvement in 2024 of the number of cases with representation in private family law. However, much more is needed to make our family law justice system fit for purpose.’

Issue: 8074 / Categories: Legal News , Family , Profession , Legal aid focus
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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