Chapter 15 Resource bank

Chapter 15 Resource bank

Family law in practice

Family Justice Review Final Report

This report, also known as the Norgove Report after its Chairman Sir David Norgrove, identified a number of concerns about family justice including the times that cases were taking to conclude, costs, and structure.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/217343/family-justice-review-final-report.pdf

 

Family Procedure Rules

These are the procedural rules and practice directions that govern the family courts. They are regularly updated on this website.

https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu

 

Law Society, Family Law Protocol

http://www.lawsociety.org.uk/Books/documents/Family-Law-Protocol-part-1/

This Protocol sets out best practice for dealing with all types of family cases.

http://www.lawsociety.org.uk/support-services/advice/articles/litigants-in-person-new-guidelines-for-lawyers-june-2015/

 

Solicitors’ Regulation Authority Code of Conduct

The Code of Conduct is part of the SRA Handbook, and must be followed by all solicitors practising in England and Wales.

https://www.sra.org.uk/solicitors/handbook/code/content.page

 

Bar Council Code of Conduct

This Code of Conduct must be followed by all barristers practising in England and Wales.

https://www.barcouncil.org.uk/supporting-the-bar/practising-requirements/bsb-handbook/

 

CILEX Code of Conduct

This is the Code that must be followed by all members of the Chartered Institution of Legal Executives.

https://www.cilex.org.uk/about_cilex/about-cilex-lawyers/what-cilex-lawyers-do/code-of-conduct

 

Resolution Code of Practice

Resolution is a national organisation of family lawyers. All members must follow their Code of Practice.

http://www.resolution.org.uk/code/

 

Laporte v Commissioner of Police [2015] EWHC 371 (QB)

This case in the Queen’s Bench Division relates to the costs implications of an unreasonable refusal to engage in non-court mediation.

http://www.bailii.org/ew/cases/EWHC/QB/2015/371.html

 

Legal Aid Statistics

https://www.gov.uk/government/collections/legal-aid-statistics

To accompany these statistics, the Ministry of Justice has also produced a User Guide to Legal Aid Statistics, England and Wales, which gives an overview of the legal aid system.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720337/user-guide-legal-aid-statistics-jan-mar-2018.pdf

 

House of Commons Library

The House of Commons librarians write many guides to different political, social, and legal issues in order to brief MPs. They are a very useful source for the law student. There are many guides on issues relating to access to justice.

https://www.parliament.uk/topics/Administration-of-justice.htm

You may find the following particularly useful:

 

House of Commons Briefing Paper ‘Paying the Statutory Charge: Legal Aid in England and Wales’ No. 06537 (December 2015)

This paper outlines what the statutory charge is and how it works.

http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06537

 

A Klijn and F Huls, ‘The International Legal Aid Scheme: A Concise Comparison’ (1994)

A paper presented to the International Conference on Legal Aid at the Hague, 13-16 October 1994. It covers how different countries provide legal funding, the cost to government, the types of cases funded, and eligibility.

https://english.wodc.nl/onderzoeksdatabase/ov-199425-the-international-legal-aid-scene.aspx

 

House of Commons Justice Select Committee, Impact of Changes to Civil Legal Aid under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

This is a report that outlines the impact of LASPO 2012 on access to justice. It covers issues such as litigants in person, advice deserts (those areas with no legal aid providers), exceptional case funding, and mediation.

https://publications.parliament.uk/pa/cm201415/cmselect/cmjust/311/31102.htm

 

Graham Cookson, ‘Unintended Consequences: The Cost of the Government’s Legal Aid Reforms’. A Report for the Law Society of England and Wales (King’s College, 2011).

This report outlines the unintended consequences of cuts to legal aid, including the creation of knock-on costs in other areas which are predicted to far exceed the government’s estimates.

https://www.lowcommission.org.uk/dyn/1359736595278/UnintendedConsequences_FinalReport.pdf

 

Practice Guidance: McKenzie Friends (2010)

This outlines what McKenzie Friends can and cannot do in proceedings.

https://www.judiciary.uk/publications/mckenzie-friends/

 

Family Mediation Council and the Family Justice Council, Family Mediation in England and Wales: A Guide for Judges, Magistrates and Legal Advisors (2014)

This guide, produced by the Family Mediation Council and the Family Justice Council, is a brief guide to mediation, including how it works and confidentiality.

https://www.familylaw.co.uk/system/redactor_assets/documents/385/Family_Mediation_in_England_and_Wales_A_guide_for_judges__magistrates_and_legal_advisors.pdf

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