Chapter 15 Resource bank
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.
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.
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.
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.