Category Archives: Various (non-housing)

Ambling for Justice

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Legal Walk banner
We here at Nearly Legal don’t just sit around staring at the ever increasing backlog of cases to write up. Oh no. We do other things too. One of the other things some of us are doing is the London Legal Walk on Monday 20 May.

The aim of the walk is to raise funds for not for profit/free legal advice organisations. This year, the funds are more desperately needed than ever, for reasons that should be obvious to all, cuts in funds from Legal Aid, from Councils and other bodies, allied with increasing demand from prospective clients.

So, some of the NL team will be forming part of the … Read the full post

How Limited is that Partnership?

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Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22

It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the Supreme Court.

Facts
You will have to bear with me as the facts are complex. I promise to keep it simple. Scottish Agricultural tenants have historically had very substantial security of tenure along with very powerful succession rights. Much the same situation has existed in England too at times. This is said to be good for land husbandry but is equally a reflection of post-war … Read the full post

Legal Aid Agency FAQs*

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The Legal Aid Agency has released a set of ‘frequently asked questions’ on scope and funding after 1 April just gone. A copy is here. The housing section is at 74-109

There are few surprises, but worthy of note is the position on disrepair:

81. Are damages regarding housing disrepair in scope? Can I claim for work regarding damages as part of the disrepair case?
You must refer to Schedule 1 of LASPO to identify whether a case is in scope and consider specific exclusions outlined in Part 2, Schedule 1. In relation to housing disrepair, Paragraph 35 Part 1, Schedule 1 only describes services in relation to the

… Read the full post

Formerly known as…

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If you look carefully, there is a small change on the site. A clue is in the header to this post. I (NL as was) have decided to write under my real name. After nearly 7 years of pseudonymity, I thought ‘what the hell’, and it isn’t as if it isn’t widely known anyway. So, I mention this just to avoid confusion. That said I may retain the NL moniker for certain kinds of post, by way of upholding tradition.… Read the full post

‘Transforming Legal Aid’*

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No, it isn’t over yet. The MoJ has issued a consultation on the next round of legal aid cuts, called ‘Transforming Legal Aid’. There are some specific proposals that affect legal aid housing work. Hold on to your chairs…

Residence requirement for funding. 3.4 and 3.5 – to be lawfully resident and to have lawfully resided for 12 months in the past (not necessarily the immediately preceding 12 months). ‘Exceptional Circumstances’ exception and exception for armed forces and asylum seekers (not failed, post appeal asylum seekers).

Judicial Review (and remember devolved powers have been scrapped for JR except for HA 1996 and NAA 1941 cases), so in general there is … Read the full post

The Wasteland*

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April is the cruellest month, breeding
LASPO out of the dead land, mixing
Memory and despair, stirring
Dull anger in its train.
Winter left us bare, covering
Estates in fears and so, feeding
An edge of life with dread of worse.
Summer no surprise for us, coming with lack of agency
With Court time drained; we watch the LiPs arrayed,
Armed with Bar Guidance, into the bear garden,
While in the Rolls Building, they talk for hours.
Bin gar keine Russin, stamm’ aus Litauen, echt deutsch.
And when we are funded, staying hearings as our work’s
Main concern, for those out, due to a bed,
We are … Read the full post