*/
As poor decision-making by authorities forces more people to turn to courts or tribunals for remedy, Jess Campbell explains the difficulties faced by LiPs
It is not news to the Bar that acting pro bono for a vulnerable litigant can have a transformative impact. No matter the outcome, having a reasoned and expert advocate present the case provides litigants-in-person (LiPs), at the very least, with significant emotional relief from the tremendous stress of attempting to represent themselves.
This help is becoming increasingly important as poor decision-making by authorities forces more people to turn to courts or tribunals for remedy.
Within immigration tribunals, an obvious lack of advocacy skills by those seeking resolution is exacerbated by the compounded problems facing them. English is often a second or third language. Applicants often live in limbo, with the number of people waiting for an asylum decision for longer than six months – up 50% in the last year. These people are particularly vulnerable to destitution and homelessness, as without status they are unable to work to support themselves.
One such individual applied to the Unit for assistance in June 2016. Historic domestic violence issues had previously led to unsuccessful applications involving her and her two young UK-born children to the First-tier Tribunal for leave to remain under Art 8 EHCR. The second application to remain made by this single mother was, like the first, refused. The applicant filed a notice of appeal and also managed to put together one more application for indefinite leave, using the expensive Home Office same-day service. She was turned down almost immediately.
Suzanne Lambert of 1COR volunteered to help and noted that ‘before seeking the assistance of the Unit, my client was very unsure about the First-tier Tribunal procedural requirements and the evidential burden that would be placed upon her.
‘[She] did not know how to go about gathering and presenting the necessary evidence in order to convince the Tribunal that her appeal should be allowed.’
Lambert made the case for indefinite leave to remain at the appeal hearing, which was granted. Understandably, her client was relieved and extremely grateful at this outcome.
Anthony Lenanton, Temple Garden Chambers, who volunteered to help a Ghanaian national with applications for leave to remain under the 10-year partner route and Art 8 after refusal in 2016, describes the immigration tribunal experience for a LiP as ‘stressful and alien’, saying that immigration and asylum law can be ‘a challenge even for experienced practitioners’.
Representation not only has a significant impact on the people you volunteer to help, but also upon the judiciary. As early as 2014, just a year after LASPO cuts came into effect, the then Lord Chief Justice, Lord Thomas of Cwmgiedd, reported that managing LiPs ‘significantly added to the time [the case takes]’. Our volunteer barristers frequently mention judges thanking them for providing free legal help to our applicants. Unit volunteer Hassan Sarwar, Cornwall Street, has experienced the changing approaches of tribunal judges dealing with LiPs, noting that some ‘adopt a more brusque approach [which] given the legal complexities in most cases before the FTT may, on occasion, negatively impact an appellant’s position’.
There is a profound difficulty in being required to represent oneself; but being without professional help is not the only difficulty facing LiPs.
At a recent Litigants in Person Support Strategy round table, advice agencies from across the country noted the breadth of impact LASPO cuts and court closures have had on LiPs, with more LiPs attending courts or tribunals without having received any advice, guidance or support at an early stage. The result we have seen is that those offering free legal help untangle more complex cases, under increased time pressure, often where a case has run on much longer than needed.
As part of National Pro Bono Week, the Bar Council, together with a number of pro bono barristers, will explore the issue of poor decision-making by authorities in tribunal cases (7 November). In the meantime, the Unit is working together with other agencies as part of the Litigants in Person Support Strategy to alleviate some of the stresses faced by LiPs and to ensure they get the right help, from the right organisation, at the right time.
There is a role for you too: while you know that everything we do is a drop in the ocean compared to a properly funded legal aid system, you, Lambert, Lenanton and Sarwar really do impact every applicant you help. Why not take on a case? See: www.barprobono.org.uk/case-listing.html.
If you are not yet a panel member and want to join, email our Volunteer and Administration Coordinator Stacey Lamb at slamb@barprobono.org.uk. We always welcome your feedback and you can contact us using the dedicated barrister telephone line or email address: 020 7690 3971 or caseworker@barprobono.org.uk.
It’s back! Immediately after Bar Conference, this year’s National Pro Bono Week will take place from 6-11 November. Save the date for the launch on Monday 6 November at Hogan Lovells and join organisations planning events across the country.
While stalwarts at Doughty Street have signed up, barristers’ chambers are noticeably underrepresented in comparison to the city’s law firms, who are stepping up to Walk the Thames to raise money for access to justice. The London Legal Support Trust walk takes place along the Thames on Saturday 28 October. Walkers can choose to do a full marathon (City Hall to Hampton Court) or join in at Putney for the second half. Sign up now: www.londonlegalsupporttrust.org.uk
Save the date for Christmas carols with the Bar Pro Bono Unit and LawWorks on Monday 18 December at Temple Church. The church’s annual celebration of carols and readings will be held to benefit both charities as we each celebrate turning 20 years old. Please keep an eye on Twitter (@BarProBonoUnit) and the Unit website for tickets.
It is not news to the Bar that acting pro bono for a vulnerable litigant can have a transformative impact. No matter the outcome, having a reasoned and expert advocate present the case provides litigants-in-person (LiPs), at the very least, with significant emotional relief from the tremendous stress of attempting to represent themselves.
This help is becoming increasingly important as poor decision-making by authorities forces more people to turn to courts or tribunals for remedy.
Within immigration tribunals, an obvious lack of advocacy skills by those seeking resolution is exacerbated by the compounded problems facing them. English is often a second or third language. Applicants often live in limbo, with the number of people waiting for an asylum decision for longer than six months – up 50% in the last year. These people are particularly vulnerable to destitution and homelessness, as without status they are unable to work to support themselves.
One such individual applied to the Unit for assistance in June 2016. Historic domestic violence issues had previously led to unsuccessful applications involving her and her two young UK-born children to the First-tier Tribunal for leave to remain under Art 8 EHCR. The second application to remain made by this single mother was, like the first, refused. The applicant filed a notice of appeal and also managed to put together one more application for indefinite leave, using the expensive Home Office same-day service. She was turned down almost immediately.
Suzanne Lambert of 1COR volunteered to help and noted that ‘before seeking the assistance of the Unit, my client was very unsure about the First-tier Tribunal procedural requirements and the evidential burden that would be placed upon her.
‘[She] did not know how to go about gathering and presenting the necessary evidence in order to convince the Tribunal that her appeal should be allowed.’
Lambert made the case for indefinite leave to remain at the appeal hearing, which was granted. Understandably, her client was relieved and extremely grateful at this outcome.
Anthony Lenanton, Temple Garden Chambers, who volunteered to help a Ghanaian national with applications for leave to remain under the 10-year partner route and Art 8 after refusal in 2016, describes the immigration tribunal experience for a LiP as ‘stressful and alien’, saying that immigration and asylum law can be ‘a challenge even for experienced practitioners’.
Representation not only has a significant impact on the people you volunteer to help, but also upon the judiciary. As early as 2014, just a year after LASPO cuts came into effect, the then Lord Chief Justice, Lord Thomas of Cwmgiedd, reported that managing LiPs ‘significantly added to the time [the case takes]’. Our volunteer barristers frequently mention judges thanking them for providing free legal help to our applicants. Unit volunteer Hassan Sarwar, Cornwall Street, has experienced the changing approaches of tribunal judges dealing with LiPs, noting that some ‘adopt a more brusque approach [which] given the legal complexities in most cases before the FTT may, on occasion, negatively impact an appellant’s position’.
There is a profound difficulty in being required to represent oneself; but being without professional help is not the only difficulty facing LiPs.
At a recent Litigants in Person Support Strategy round table, advice agencies from across the country noted the breadth of impact LASPO cuts and court closures have had on LiPs, with more LiPs attending courts or tribunals without having received any advice, guidance or support at an early stage. The result we have seen is that those offering free legal help untangle more complex cases, under increased time pressure, often where a case has run on much longer than needed.
As part of National Pro Bono Week, the Bar Council, together with a number of pro bono barristers, will explore the issue of poor decision-making by authorities in tribunal cases (7 November). In the meantime, the Unit is working together with other agencies as part of the Litigants in Person Support Strategy to alleviate some of the stresses faced by LiPs and to ensure they get the right help, from the right organisation, at the right time.
There is a role for you too: while you know that everything we do is a drop in the ocean compared to a properly funded legal aid system, you, Lambert, Lenanton and Sarwar really do impact every applicant you help. Why not take on a case? See: www.barprobono.org.uk/case-listing.html.
If you are not yet a panel member and want to join, email our Volunteer and Administration Coordinator Stacey Lamb at slamb@barprobono.org.uk. We always welcome your feedback and you can contact us using the dedicated barrister telephone line or email address: 020 7690 3971 or caseworker@barprobono.org.uk.
It’s back! Immediately after Bar Conference, this year’s National Pro Bono Week will take place from 6-11 November. Save the date for the launch on Monday 6 November at Hogan Lovells and join organisations planning events across the country.
While stalwarts at Doughty Street have signed up, barristers’ chambers are noticeably underrepresented in comparison to the city’s law firms, who are stepping up to Walk the Thames to raise money for access to justice. The London Legal Support Trust walk takes place along the Thames on Saturday 28 October. Walkers can choose to do a full marathon (City Hall to Hampton Court) or join in at Putney for the second half. Sign up now: www.londonlegalsupporttrust.org.uk
Save the date for Christmas carols with the Bar Pro Bono Unit and LawWorks on Monday 18 December at Temple Church. The church’s annual celebration of carols and readings will be held to benefit both charities as we each celebrate turning 20 years old. Please keep an eye on Twitter (@BarProBonoUnit) and the Unit website for tickets.
As poor decision-making by authorities forces more people to turn to courts or tribunals for remedy, Jess Campbell explains the difficulties faced by LiPs
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession