Bleak House is Not a Book of Instructions

The Witchfinder muses on a case in which a kindly solicitor acting pro-bono was unjustly punished.

Cover of Bleak House

This is the cover of a book by Charles Dickens. It’s … like .. about how *NOT* … to do it. Do not use as a guide to legal practice.

I was flattered when the Daily Mail picked up my story on the jailing of WM – a woman who can now be named as Wanda Maddock. Their work is impressive. However her case is by no means the only injustice perpetrated in the Birmingham Family Courts.

The legal system is undergoing cuts. Not as some left wingers and vested interests say, for the purposes of undermining access to justice nor for some other pernicious reason but instead because this country is short of money. It helps that there are bloated and inefficient reaches of our legal system that may have benefited from a little judicious slashing anyway, but the grim truth is that resources are scarce indeed.

In this new environment where lawyers, like many professionals, must put up with falling revenues those who take time out to do pro-bono work should be praised and recognised.

Sadly, in Birmingham the saying that ‘no good deed goes unpunished’ seems to be truer than elsewhere. I write again on the unfortunate topic of HHJ Martin Cardinal. This time I refer to a Court of Appeal case where he was humiliatingly smacked down after wrongfully making a wasted costs order against an innocent solicitor. The judgement is available on BAILII, and is well worth reading. As ever the Witchfinder provides no more information in this article than is available in the public judgement.

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Some Cuts are Long Overdue

In the last year the UK Family Courts have been criticised by British MPs and the governments of foreign countries such as Slovakia. The Norgrove Report described it as “a system that is not a system, characterised by mutual distrust and a lack of leadership, by incoherence and without solid evidence based knowledge about how it really works”. Now the Association for Improvements in the Maternity Services has joined in the chorus of complaints. The Witchfinder calls for change.

The Government has no money. Thanks to the reckless mismanagement of Gordon Brown and Tony Blair’s discredited government the incoming coalition have been forced to make cut after cut against services that many rely on. Curiously however there is one black pit of government waste that has escaped almost unscathed.

I refer of course to the Family Courts. The existence of such an institution in some form is a necessary evil. As a law student I am often asked for my help and sadly, about 75% of the time on looking at the case I would be driven to make the same decision as the social workers or the judge. The problem is that with the other 25% where the decision was wrong or arguable the system makes it hard to challenge social services or Court decisions. In nearly 100% of the cases it is too slow and vastly too expensive for public and parent alike.

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