The government’s controversial immigration reforms risk driving a wedge between solicitors and their clients, the Law Society warned today.
The Nationality and Borders Bill, which begins its second reading in the House of Commons today, empowers tribunals to impose a ‘charge’ on legal representatives who have ‘acted improperly, unreasonably or negligently’, resulting in wasted resources.
The Tribunals, Courts and Enforcement Act 2007 would be amended to state that the tribunal may make a costs order if it considers that a party or the party’s legal representative ‘has acted unreasonably in bringing, defending or conducting the proceedings’.
Society president I. Stephanie Boyce said the bill could ‘drive a wedge’ between solicitors and their clients by creating a conflict of interest if solicitors are held personally liable for costs for reasons outside of their control.
‘Solicitors are fundamentally obliged to act in their clients’ best interests, which may involve adjourning a case due to a change in circumstances which they are not at liberty to disclose,’ she said.
Chancery Lane also expressed concern about proposals to introduce accelerated detained appeals.
Boyce said: ‘This may amount to a new “Detained Fast Track” procedure, which was twice found to be unlawful because it was deemed “structurally unfair”.
‘Streamlining appeals could have serious consequences for access to justice. It is central to the proper functioning of the justice system that legal processes allow adequate time for preparing a case, particularly if this is complex, sensitive and will determine the safety of a vulnerable person who may not speak the English language.’
4 Readers' comments