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Marre Committee
The Courts and Legal Services Act 1990 (c. 41) was an 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, particularly in terms of appointments, judicial pensions and the introduction of 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 and the county courts. The most significant changes were made in the way the legal profession was organised and regulated. The act broke the monopoly solicitors held on conveyancing work, creating an Authorised Conveyancing Practitioners Boar ...
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Lord Chancellor's Advisory Committee On Legal Education And Conduct
The Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) was an advisory board established by the Courts and Legal Services Act 1990 and tasked with assisting in "the maintenance and development of standards in the education, training and conduct of those offering legal services".Merricks (1990) p.16 It was broken up in 1999, and replaced by the Legal Services Consultative Panel. History ACLEC was established by Section 19 of Part II of the Courts and Legal Services Act 1990 after being proposed in the Green Paper ''The Work and Organisation of the Legal Profession''. The body officially came into existence in April 1991, and undertook its first major task in 1992 when it began reviewing the state of legal education in England and Wales. After two consultation papers in 1994 it published a pair of full reports in 1995, titled ''Access to and participation in undergraduate legal education'' and ''Funding legal education''. The Committee issued two more reports - ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and acquisit ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ...
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Solicitor Advocate
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts. The title is also used in some jurisdictions to refer to solicitors who conduct advocacy in court (such as Northern Ireland) or as a job title (Australia). Origin Historically in the United Kingdom, solicitors took conduct of litigation, and undertook advocacy in the lower courts (tribunals, coroner's courts, magistrates' courts, county courts, and sheriff courts). They were not able to represent their clients in court in the higher courts: the Crown Court, the High Court, the Court of Appeal, the Court of Session, the Privy Council, and the Legal Committee of the House of Lords (today known as the UK Supreme Court). Instead, so ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for ...
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Court Of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union 1707, Acts of Union which established the Kingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate Scots law, legal system. Cases at trial court, first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House, Edinburgh, Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk of Session ...
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Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ...
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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 ...
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Rights 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 Engla ...
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Conveyancing
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each p ...
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