Monthly Archive for January, 2008

LSC Judicial Review Mk 2

By NL on 31/01/2008. 0 Comments

The Law Society is (just about) to file the second Judicial Review application of the Civil legal aid Unified Contract, this time arguing that, following the Court of Appeal judgment in the first JR, the LSC has to address the illegality of the current fixed fee scheme having been introduced under the unlawful unilateral amendment clause.

The LSC denies that the fees were introduced under the clause but has failed to adequately explain under what other provision they were introduced.

The LSC has already announced it is withdrawing the Unified Contract, apparently now suggesting a new contract in October 2008 (LSC response letter [PDF]), but if the Law Society … Read the full post

Posted in Various (non-housing). Tags: , , , .

Legal aid, negligence and the clients from hell

By NL on 31/01/2008. 0 Comments

It’s not a housing case, but Leonard & Leonard v Byrt & Others [2008] EWCA Civ 20 caught my eye as being of practical interest for legal aid practioners and potential amusement for everyone else.

This was an appeal against a summary judgment against the appellants in their claim for negligence against the respondents – a solicitor, Mr Byrt, a barrister, Mr Stafford and an expert. The basis of the negligence claim was that but for the respondents negligence, the appellants would have been able to secure public funding to bring the primary litigation (of which more below) to a successful conclusion.

To get to grips with the deep implausibility … Read the full post

Posted in Various (non-housing). Tags: , .

Hope over experience

By NL on 27/01/2008. 0 Comments

Surprising being undeterred by the experience of the first podcast I did with him, Charon QC has demonstrated a generosity of spirit, if a lack of judgement, in doing another. We talk about training contract experience, smaller firms, and the sisyphean labour of blogging..

You may find it mercifully brief, as I prove the rule that happiness is dull in the telling, while misery always gives good anecdote.… Read the full post

Posted in Various (non-housing). Tags: .

More in sorrow than in anger

By NL on 23/01/2008. 0 Comments

or rather, a good slapping.

A sequel to the last post on barristers refusing to sign up for the VHCC contract. A hat tip to Charon QC for the link to the response of the Chairman of the Bar, Tim Dutton to Richard Collins’ letter from the LSC accusing barristers of anti-competitive collusion (the LSC letter can be found here).

Charon describes it as ‘extraordinary’. I think this is understatement. It is an extended duffing up of the hapless LSC executive director, beginning with a number of legal points on which Collins is ‘simply incorrect’ and moving on to the reasons why the whole fiasco is the LSC’s … Read the full post

Posted in Various (non-housing). Tags: .

Lacking Support

By NL on 21/01/2008. 0 Comments

Tempted though I am to get caught up in Jeremy Paxman’s baggy pants revelations (and don’t you just love the image of Paxman raising his best inquisitorial eyebrow as he questions the occupants of his gym and, of course, the House of Commons as to the adequacy of the tautness of their crotch support), it is another set of briefs lacking sufficient support that must take my attention.

This is, of course, the barristers refusing to sign the LSC contract for Very High Cost Cases for criminal matters. Over on Pupillage and how to get it, Simon Myerson managed a very impressive impression of Emile Zola. His J’Accuse represents … Read the full post

Posted in Various (non-housing). Tags: , .

Disability discrimination – the comparator

By NL on 20/01/2008. 0 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I want to address who is the … Read the full post

Posted in Housing law - All, Possession and secure-tenancy. Tags: , , , , , , , .

On impotent landlords and disability.

By NL on 17/01/2008. 4 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

There are a couple of articles in the latest Journal of Housing Law (Vol 11, issue 1 2008) on Malcolm v London Borough of Lewisham and the effect of the Disability Discrimination Act 1995 on possession orders. I’d say the articles are of varying interest. (My previous posts on Malcolm v … Read the full post

Posted in Housing law - All and Possession. Tags: , , , .
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