Here at Higgins Miller we go out of our way to appreciate and empathise with the human aspects of the work we do. Although we offer expertise in the fields of family law, divorce and civil partnerships, children disputes and interaction with social services, amongst many other legal issues, we never lose sight of the […]
Last week the BBC’s Panorama investigated the issue of so called “DIY Justice” in family law. This refers to the situation many parents now find themselves in whereby if they wish to make an application to the family courts they have to do so without the assistance of a solicitor. This problem has been made […]
A senior family Judge has called for fixed pricing for each stage of a finance case after he heard a case where the costs of both parties totalled £920,000 or 31.9% of the assets of the marriage. In this particular case the costs were so high partly due to both parties being allowed to appoint […]
The country’s top family judge, Sir James Munby has expressed his significant concern about a case where two parents have been denied access to legal aid to contest an application for the adoption of their child. Both parents have learning difficulties and would find it extremely difficult to represent themselves. However, legal aid in this […]
There has been a massive increase in the numbers of people representing themselves in court in cases concerning children. Between April and December 2013 the courts saw a 57% increase in the number of those without lawyers compared with the previous year. This increase is likely to be partly due to the removal of legal […]
BBC Panorama programme ‘I Want my Baby Back’ that was transmitted on 13th January examines evidence used in ‘Vitamin D cases’ in family courts. The BBC says that crucial evidence against parents came from doctors, who erroneously viewed fractures on x-rays as evidence of abuse, rather than a lack of vitamin D (or Rickets) which […]
Private Law Family Proceedings – Divorce, Injunction, Children and Finances Injunction Proceedings Provided that the merits of their case are such that Legal Aid is justified and provided they meet the financial eligibility criteria Legal Aid is available in respect of Injunction Applications both under the Legal Help Scheme for initial advice and under a […]
Legal Aid Changes: Financial Eligibility There have been some changes to financial eligibility for Legal Aid although large aspects of the eligibility rules remain unchanged. The three areas of significant change are: Clients who are in receipt of Income Based Job Seekers Allowance, Income Based Employment and Support Allowance, Income Support or Pension Credit Guarantee were […]
Legal Aid Changes: Public Law Children This is the one area where nothing has changed. Application by the Local Authority for Care or Supervision Order As pre 1st April any parent or person with Parental Responsibility is automatically eligible for Legal Aid funding to be represented in these proceedings regardless of their financial circumstances. Any […]
Concerns about the impact of the legal aid changes due to come into effect on 1st April have been expressed by the UK’s most senior Judge. We are very worried about the impact on our clients of these changes which will drastically reduce the number of cases that will be eligible for legal aid. We […]