Official Solicitor or Litigation Friend - Written By Colin Berry

January 15, 2013

The introduction of an Official Solicitor, nowadays when solicitors have compromise a deal with the insurers. Is it legal for a solicitor that had no intention of taking the case to court having the power with the help of a judge to introduce An Official Solicitor, when there is a spouse and family members willing to be involved.  Or is this a new form of corruption taking place within our legal and judicial system.

The abuses of a litigation friend or official Solicitor seem to be commonly misplace today or misused for the gains of powerful corporations or corrupt representation. It is quite clear in our case that the official Solicitor did not understand the human rights, and laws surrounding marriage prenap contract, and totally ignored the existence of family members who were willing to represent Mary Berry. It is quite clear that the misuse of this position is prevalent today.
What makes it worse that the ruling society has chosen to turn a blind eye towards this malpractice and fail to address this matter? The British psychology of hiding this problem under the carpet and it will go away, but history one day will identify that the British legal and judicial system is nothing more than a fast, it must have been supported by the judiciary, but as usual turn a blind eye to the problem and its existence, or do not see they have a responsibility to create an amicable just system in this country without the need of the European court of human rights intervention.

The Official Solicitor and the President met in order to discuss the difficulties which the Official
Solicitor had been having in accepting requests to act as guardian ad litem / litigation friend
for protected parties in proceedings relating to children. The Official Solicitor's role in
proceedings under the Mental Capacity Act 2005 was also discussed. At the end of the
meeting the President invited Pauffley J to draft guidance for courts dealing with such cases.
That guidance is now attached. It has been seen by, and has the endorsement of, both the
Official Solicitor and the President.
NW
December 2010
Guidance in cases involving protected parties in which the Official Solicitor is
being invited to act as guardian ad litem or litigation friend
Public and private law children’s cases
1. Many practitioners and judges will know of the Official Solicitor’s recent
difficulties in accepting requests to act as guardian ad litem / litigation friend
for protected parties in proceedings relating to children. Although, currently,
there are unallocated cases, the backlog has reduced significantly in recent
months.
2. The Official Solicitor is subject to severe budgetary constraints – a situation
which is unlikely to ameliorate in the medium term.
3. In all cases, the Official Solicitor will need to be satisfied of the following
criteria before accepting a case, and parties may need reminding of the need to
provide confirmation of these matters immediately on approaching the Official
Solicitor’s office:
• satisfactory evidence or a finding by the court that the party lacks
capacity to conduct the proceedings and is therefore a protected
party;
• confirmation that there is security for the costs of legal
representation;
• there is no other person who is suitable and willing to act as
guardian ad litem/litigation friend.
4. In order to assist the Official Solicitor in the decisions he makes about
allocating case workers, in certain cases, judges should consider whether it
may be appropriate to indicate with as much particularity as possible the
relative urgency of the proceedings and the likely effect upon the child (and
family) of delay. The Official Solicitor will very carefully consider giving
priority to such cases.
5. It is and remains the judge’s duty in children’s cases, so far as he is able, to
eradicate delay.
Court of Protection welfare cases (including medical cases)
6. The number of welfare cases brought under the provisions of the Mental
Capacity Act 2005 is rising exponentially with concomitant resource
implications for the Official Solicitor.

http://www.familylaw.co.uk/system/uploads/attachments/0001/4515/Gui...

1. In all cases, the Official Solicitor will need to be satisfied of the following criteria before accepting a case, and parties may need reminding of the need to provide confirmation of these matters immediately on approaching the Official Solicitor’s office: 
• satisfactory evidence or a finding by the court that the party lacks capacity to conduct the proceedings and is therefore a protected party; 
• confirmation that there is security for the costs of legal representation; 
• there is no other person who is suitable and willing to act as guardian ad litem/litigation friend.

http://www.ipernity.com/blog/246821/418135?t=82898&c=1&s=edit

Written By: Colin Berry

Views: 178

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