|
Right Of Audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law. In superior courts, generally only barristers or advocates have a right of audience. Depending on jurisdiction, solicitors may have a right of audience in the County Court, magistrates' courts and justice of the peace courts. Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience. See ''D v S (Rights of Audience)'' 9972 FCR 217 En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Association Of Costs Lawyers
The Association of Costs Lawyers (ACL) is a professional association that represents costs lawyers in England and Wales. It was originally established in 1977 as the Association of Law Costs Draftsmen, but the name was changed in January 2011. The ACL became an "authorised body" or legal regulator, specifically for law costs draftsmen, on 1 January 2007. As a consequence of Schedule 4 of the Legal Services Act 2007, the ACL was listed as one of a number of authorised bodies regulating the carrying out of reserved legal activities. Specifically, costs lawyers can conduct costs litigation, and can administer oaths, with rights of audience in all courts in England and Wales. Under Practice Direction 46.5 of the Civil Procedure Rules, a Fellow of the ACL (or a law costs draftsman with membership of The Academy of Experts or the Expert Witness Institute) can be retained by a litigant in person as experts on costs. Organisation The ACL is governed by a Council, consisting of a C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solicitor
A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), and a lawye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Society Of England And Wales
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform. Members of the Society are often consulted when important issues are being debated in Parliament of the United Kingdom, Parliament or by the executive. The Society was formed in 1825. The Hall of The Law Society is in Chancery Lane, London, but it also has offices in Cardiff to deal with the Wales jurisdiction and the Senedd. A president is elected annually to serve for one year. The current president is Richard Atkinson. The Law Society has nothing to do with barristers in England and Wales. The relevant professional body for barristers is the General Council of the Bar. History The London Law Institution, the predecessor to the Law Society, was founded in 1823 when many London Sol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Access To Justice Act 1999
The Access to Justice Act 1999 (c. 22) is an act of the Parliament of the United Kingdom. It replaced the legal aid system in England and Wales. It created the Legal Services Commission, replacing the Legal Aid Board, and two new schemes: Community Legal Service to fund civil and family cases, and the Criminal Defence Service for criminal cases. The Act put a cap on the amount spent on civil legal aid. The use of conditional fee agreements, commonly known as "no-win no-fee", was extended to most civil court cases. Rights of appeal Section 54 of the Act both creates and limits rights of appeal. One effect of this, as set out in the UK Supreme Court Practice Direction 1 is "The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. The effect of this provision is that the Supreme Court may not entertain any appeal against an order of the Court of Appeal refusing permission for an appeal to the Court of Appeal from a lower court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts And Legal Services Act 1990
The Courts and Legal Services Act 1990 (c. 41) was an Acts of Parliament in the United Kingdom, act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked. The changes introduced in the act covered a variety of areas. Important changes were made to the Judiciary of England and Wales, judiciary, particularly in terms of appointments, judicial pensions and the introduction of Judiciary of England and Wales#District judges, district judges, the arbitration process of Alternative Dispute Resolution and the procedure in the courts, particularly in terms of the distribution of civil business between the High Court of Justice, High Court and the County Court (England and Wales), county courts. The most significant changes were made in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Court
The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 List of Crown Court venues in England and Wales, locations in England and Wales, divided into Circuits of England and Wales, Circuits. When sitting in the City of London, it is known as the Central Criminal Court (England and Wales), Central Criminal Court or "Old Bailey". The Crown Court is administered by His Majesty's Courts and Tribunals Service, HM Courts and Tribunals Service, an executive agency of the Ministry of Justice (United Kingdom), Ministry of Justice. History England and Wales formerly used a system of courts of assizes, assize and court of quarter sessions, quarter sessions for indictment trials at first instance. However, the Beeching C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Act 1971
The Courts Act 1971The citation of this act by this short title is authorised bsection 59(1)of this act. (c. 23) is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales, as well as effectively separating the business of the criminal and civil courts. It established the Crown Court, introduced the posts of circuit judge and recorder, and abolished various local courts across the country. Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place. Provisions The first part of the act concerns the new Crown Court. It is established as part of the Supreme Court of Judicature, replacing courts of assize and quarter sessions. The appellate jurisdiction of these courts is transferred, and the new court given exclusive jurisdiction in "trial on indictment". It is described as a "superior court of record" for Engl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officers of State (United Kingdom), Great Officer of State in Scotland and England, nominally outranking the Prime Minister of the United Kingdom, prime minister. The lord chancellor is appointed and dismissed by the British monarchy, sovereign on the advice of the prime minister. Prior to the Acts of Union 1707, union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states (the Kingdom of Ireland and History of Ireland (1801–1923), United Kingdom of Great Britain and Ireland) maintained the office of Lord Chancellor of Ireland, lord chancellor of Ireland u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
