What is the difference between a barrister and a solicitor?

The difference between a barrister and a solicitor is mainly where the work is carried out.

A barrister’s main role is to defend people in the court whereas a solicitor will perform the legal work outside of court.

The Solicitor

Once it is said that someone is seeing their lawyer, it will usually be a solicitor they contact.
A solicitor will have specialist knowledge in these areas of law: family, crimes, finance, property and employment.
It is possible for solicitors to work for a variety of large organisations, no matter is they are commercial or not, such as law firms, private businesses, banks, the government and corporations.

Solicitors will likely advise their clients, undertake negotiations and will draft any legal documents. The role of a solicitor is mainly a desk job, however it does involve a lot of travelling to see the clients and represent them in court.

The Barrister

The way to distinguish a barrister from a solicitor would be to look out for them in court; they’ll be wearing a wig and a gown.
Barristers work at a higher level of the court than the solicitor, they will act as advocated in hearings, pleading the case for their clients before the judge.

Barristers won’t come into as much contact with the public than a solicitor would, instead, they would liaise with the solicitor to review the evidence and given a certain amount of time to do so in preparation for what is going to be said in court.

Training

Considering the contrast between the role of each, their training would begin the same: either complete and undergraduate course in law or opt for another degree and follow is with the one-year Common Professional Exam or Post-Graduate Diploma in Law.

After that, a solicitor will do a one-year Legal Practice Course and proceed to do a two-year training contract.
A barrister, on the other hand, will take a one-year Bar Professional Training Course, which will see then shadowing senior barristers and undertaking some of their own court work.

For more information about barristers and solicitors, along with the law services we can offer, please visit our website.

The Court of Appeal has ruled on family migration into the UK

The Court of Appeal has ruled on family migration into the UK, what do you think of the ruling?

The Court of Appeal has handed down a decision regarding the rules on family migration in the UK. It was suggested that British Citizens or partners settled lawfully within the UK would be required to show that they have an income of at least £18,600 P.A. before foreign partners from outside the European area can be allowed into the UK. Additional sums must also be required for each child they can bring into the UK.

The Court of Appeal has upheld the requirements as lawful. The court reached their decision on the basis that it wasn’t for the court to analyse the basis of Secretary of State’s decision to implement such requirements into the rules of immigration, which essentially are statements of administrative policy. This, in essence, is a restrained form of review and somewhat suggests a lack of willingness somewhat, definitely when interfering with the decisions of the government. The Supreme Court has also granted permission to those who wish to appeal, especially on arguments that include a mere rational belief is wrong. It’s also likely that the present case in its form will proceed to the Supreme Court.

The decision has come over four months after all of the appeal were heard throughout March 2014, coming two years after the original rules were introduced. Since this time the Secretary of State has imposed a stay on new applications which would otherwise have experienced refusal simply from failing to satisfy the new rules introduced. This will no doubt be lifted and it will give people an opportunity to finally mount an appeal against any negative decisions made. In the meantime, a considerable number of families will be kept apart, regardless of the affect they would or wouldn’t have on the state.

The rules have forced a massive number of British citizens to go and live in Europe for a considerable amount of time, exercising their right as a citizen of the EU, until they can lawfully come back months later with their spouses under the law of the European Union. In other cases, the new rules have forced people out of the United Kingdom and Europe altogether, even though they’re in Britain lawfully, having settled in the UK for many years. The impact that is has on young people is yet to be seen, but part-time workers and women, specifically those who come from a racial minority background and in low-paid jobs may actually be severe. All factors of the ruling will be under assessed and review numerous times in order to make sure that they’re not incredibly harsh.

For more on court appeals and Family Law Northampton, please visit our website.

Immigration and Asylum Law in the UK

Chartlands Chambers Northampton offers some of the best legal advise and appealing reviews in the UK, the Chartlands’ Immigration and Asylum pratice includes all forms of appeal work from Human Rights to Refuge Convention issues.

Immigration and Asylum Law in the UK

Chartlands focus in helping all of their clients achieve their goals, with expertise to help obtain visas for people from both; outside & inside the UK as well as regularising overstayers, human rights claims, appeals against removal and deportation as well advocacy at Immigration Courts on your behalf. We will provide you with the complete A-Z in all areas of the immigration law.

Immigration law is vast; from the complex UK immigration laws which incorporate British Nationality and Human Rights Law. There are case laws, immigration laws and a multitude of ever changing Home Office policy’s to be familiar with when making an immigration application.

 

The United Kingdom Boarder Agency

The UKBA (United Kingdom Boarder Agency) is responsible for controlling immigration both inside and outside the UK, with the Secretary of State which is the person responsible for issuing the decision to an individual who makes an application to remain whilst in the UK.

It’s very important to know the correct immigration law before applying for a visa or submitting an application to the UK Immigration Authorities. Chartlands Chambers have particular expertise in assisting overstayers and those who have no lawful status to remain in the UK.

Chartland Chambers will offer some of the best specialist legal advice and assistance when making an application and proceed to fighting any case.

Immigration Law – and the immigration

Put simply – immigration law govern how and people from countries outside the UK are legally allowed to come to the UK and how long they can stay. It is also about what they are allowed to do when they are in the UK, for example, whether they can work, whether relatives can come to the UK to join them afterwards, and whether they can use the National Health Service or claim benefits.

The system of immigration law in the UK splits people into two broad categories:

  1.  ‘right of abode’ in the UK and who can live, work and move in and out of the country as they wish
  2. Those requiring permission to remain here.

The laws indicate different requirements that must be satisfied before someone will be granted leave to come and stay. The rules require that most of the categories of people coming to the UK will be able to support themselves without relying on public funds.  People in most ‘temporary’ categories, such as visitors, will also need to show that they intend to leave the country when the purpose of their stay is over.

For immigration problems which you may need advice on, contact Chartlands Chambers. You should bear in mind that immigration laws are strictly enforced in the UK and the consequences of misunderstanding your right to be here can be very serious. It can include the risk of deportation. It is therefore essential to consult a specialist adviser if you are unsure about your position, or the position of family and friends.

Immigration laws encompass many occurrences including:

  • obtaining permission to stay in the UK longer than originally intended
  • getting permission to do something which you are not at present allowed to do, for example, being allowed to work
  • bringing relatives into the country, for example, a spouse, fiancé, children
  • being threatened with deportation from the UK
  • being held by the immigration authorities in a detention centre
  • wanting a passport and not knowing whether you are entitled
  • wanting to apply to become a British Citizen
  • if you are already living in the UK but wanting to travel (for example, for a holiday), whether you will be allowed back into the UK
  • whether you are entitled to use state services or claim benefits, for example, education, health services, council housing, social security benefits, housing benefits, Council Tax Reduction
  • the right to vote
  • a relative or friend being refused entry to the UK when arriving at an airport or port.

The government has announced the introduction of the Immigration Bill on Thursday 10 October 2013.  The bill will reform the removals and appeals system, making it easier and quicker to remove those who have no right to be here and will prevent illegal migrants accessing or abusing public services and the labour market.

  • For further details see the Immigration Bill  on the GOV.UK website. The progress of the bill and explanatory notes can be found on the Parliament website here