MR: ‘Very disappointing’ end to court modernisation programme – Legal Futures

‘The court modernisation project ends this month with the “very disappointing” outcome of only 23% of civil cases being digital end to end, the Master of the Rolls told MPs this week.’

Full Story

Legal Futures, 21st March 2025

Source: www.legalfutures.co.uk

Beringer: No rules force law firms to take on questionable clients – Legal Futures

‘There are no rules that require law firms to take on clients outside of criminal work and so they need to be willing to justify their choices publicly, the former senior partner of Allen & Overy said this week.’

Full Story

Legal Futures, 20th March 2025

Source: www.legalfutures.co.uk

Lawyer groups back stronger regulation of litigation funding – Legal Futures

Posted March 14th, 2025 in barristers, civil justice, Law Society, legal profession, news, third parties by Lily

‘The Law Society, Bar Council, CILEX and the Association of Costs Lawyers (ACL) have become the latest to call for stronger oversight of third-party litigation funding.’

Full Story

Legal Futures, 14th March 2025

Source: www.legalfutures.co.uk

Law reform charity proposes rights-based framework for AI use in justice system – Local Government Lawyer

‘Law reform charity JUSTICE has proposed the first rights-based framework to guide AI use across the UK justice system in a report that has urged the deployment of the technology be guided by a “clear purpose and responsibility”.’

Full Story

Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

Obtaining imaging orders from the English courts – OUT-LAW.com

Posted January 27th, 2025 in civil justice, computer programs, disclosure, evidence, fraud, injunctions, news by tracey

‘Imaging orders offer another useful tool to civil fraud litigators needing to urgently prevent the concealment and destruction of relevant digital evidence.’

Full Story

OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Open Justice board asks justice secretary for judicial reviews to be livestreamed – Law Society’s Gazette

Posted January 7th, 2025 in civil justice, judicial review, media, news, video recordings by tracey

‘The lady chief justice’s new transparency and open justice board has asked the justice secretary to allow judicial reviews to be livestreamed – and potentially broadcast on television.

Full Story

Law Society's Gazette, 6th January 2025

Source: www.lawgazette.co.uk

‘Busybody’ fines up 42% in 2023 in England and Wales, report shows – The Guardian

‘On-the-spot penalties issued for offences including swearing, shouting, idling, loitering and begging, known as “busybody” fines, jumped 42% in 2023, according to a new report.’

Full Story

The Guardian, 6th December 2024

Source: www.theguardian.com

“Blurred distinctions” as legal aid solicitors do their own advocacy – Legal Futures

Posted December 3rd, 2024 in advocacy, barristers, civil justice, legal aid, news, reports, solicitors by tracey

‘The distinction between solicitors and barristers is becoming increasingly “blurred” in civil legal aid cases as solicitors do their own advocacy, research for the government’s review of civil legal aid has found.’

Full Story

Legal Futures, 3rd December 2024

Source: www.legalfutures.co.uk

Government “at risk of breaching duty” to provide access to justice – Legal Futures

Posted December 2nd, 2024 in civil justice, fees, legal aid, legal profession, Ministry of Justice, news by tracey

‘The Ministry of Justice is at risk of not meeting its statutory duty for civil legal aid to deliver access to justice, according to research it commissioned.’

Full Story

Legal Futures, 2nd December 2024

Source: www.legalfutures.co.uk

Civil Justice Council report calls for pre-action protocol on judicial review to require parties to make positions on ADR clear – Local Government Lawyer

‘The pre-action protocol (PAP) for judicial review should be amended to make sure the parties make clear their position on alternative dispute resolution (ADR) at an early stage, a report produced for the Civil Justice Council (CJC) has recommended.’

Full Story

Local Government Lawyer, 27th November 2024

Source: www.localgovernmentlawyer.co.uk

Carr hits out over civil digitisation and criminal court sitting days – Legal Futures

‘The Lady Chief Justice yesterday complained to MPs about the government’s decisions to reduce the digitisation of civil justice and limit sitting days in the criminal courts.’

Full Story

Legal Futures, 27th November 2024

Source: www.legalfutures.co.uk

Capacity and civil proceedings – Local Government Lawyer

‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’

Full Story

Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Review of litigation funding in England leads to consultation on future regulation – OUT-LAW.com

Posted November 15th, 2024 in civil justice, consultations, news, third parties by sally

‘Businesses with experience of third-party litigation funding (TPF) in England and Wales have the chance to respond to a government-backed consultation and help shape the future regulation of this market.’

Full Story

OUT-LAW.com. 14th November 2024

Source: www.pinsentmasons.com

Make revenge porn a civil offence to avoid ‘retraumatising’ trials, MPs told – The Independent

‘Revenge porn should be made a statutory civil offence to allow victims redress without having to go through a “retraumatising” criminal trial, MPs have been told.’

Full Story

The Independent, 13th November 2024

Source: www.independent.co.uk

Licence regime updated as new UK trade sanctions implementation office launched – OUT-LAW.com

Posted October 23rd, 2024 in civil justice, enforcement, export controls, licensing, news, sanctions by tracey

‘The UK government’s newly established Office of Trade Sanctions Implementation (OTSI) has become operational and businesses need to take note of the updated civil sanctions enforcement regimes and the three bodies with different responsibilities for licence applications.’

Full Story

OUT-law.com, 22nd October 2024

Source: www.pinsentmasons.com

LASPO 2012: ten years and beyond – a socio-legal study of the impact of legal aid cuts on service providers in England and Wales – Legal Ethics

‘Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts.’

Full Story

Legal Ethics, 10th September 2024

Source: www.tandfonline.com

Major report rejects regulation of third-party litigation funding – Legal Futures

Posted October 16th, 2024 in civil justice, costs, news, third parties by sally

‘There should only be a move to regulate third-party litigation funding (TPLF) in the event of “an identifiable problem or market failure”, a major report has concluded.’

Full Story

Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

Post Office explores taking branch owner-operators to court again – The Guardian

Posted October 14th, 2024 in civil justice, computer programs, fraud, inquiries, news, postal service by tracey

‘The Post Office has recently explored resuming the practice of taking branch owner-operators to court, as mounting losses from shortfalls in its network of 11,500 outlets hit £12m a year. During the Horizon IT scandal more than 900 operators were wrongly prosecuted over discrepancies caused by the faulty accounting software, many of them brought privately by the Post Office, a practice it stopped in 2015 and has promised not to restart. However, the Post Office continued to use the court system for the civil recovery of losses from branches until 2018.’

Full Story

The Guardian, 13th October 2024

Source: www.theguardian.com

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’

Full Story

UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality.’

Full Story

UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org