In considering how CALA could assist the community moving forward, the Committee would like to seek the views of the membership on whether there is interest in establishing a Duty Advocate Scheme to assist with abduction and international children matters at the Royal Courts of Justice.
We are mindful of what appears to be an increasing number of litigants acting in person in proceedings in the High Court. This scheme intends to assist unrepresented parties who attend hearings, and to provide the High Court with a list of practitioners who are willing and able to provide initial legal advice and/or signposting if so required. The Committee is aware that there are somewhat unofficial and inconsistent routes of referrals, and that many litigants often distrust any lawyer recommended by an opponent's representatives. We believe that this Scheme may well assist the High Court, help litigants navigate through this often complex area of law, and serves to increase the profile of CALA as the organisation of abduction/international family law experts. The Scheme would aim to have a system in place for referrals to experienced practitioners who can provide initial advice, discuss access to funding and ensure that any hearing with an unrepresented party can proceed without further delay given the timescales for abduction work.
There is a well-established duty solicitor scheme in public law matters across the courts in London, as there may be in other areas of the country, which is the model for any proposed scheme. We are keen to gather the views of the membership as to how many practitioners would be interested in signing up to such a scheme at this early stage.
When the courts reopen, proximity to the Royal Courts to attend a hearing at short notice may well be a consideration; however, as we have seen over the last 12 months, the speed at which the Higher Courts adapted to remote working means that it may also be feasible to have a remote duty service. As such, views from those based outside London are very much welcomed.
In the form below, please provide details of your firm if you are a solicitor, or chambers if you are a barrister. Please provide one entry per firm or set. We understand the limitations of counsel acting without a solicitor, and depending on the amount of responses from barristers, we would wish to explore the possibility of counsel instructed by a CALA solicitor on the Duty Advocate Scheme.
At this stage, we would like to gauge the number of practitioners who would be willing to sign up to the scheme. The number of days which would be offered on the rota will depend on the number of interested practitioners. Membership of CALA would be a prerequisite at this stage.
Please provide your firm’s or chambers' details below.
