‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
OUT-LAW.com. 14th November 2024
Source: www.pinsentmasons.com
‘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.’
The Independent, 13th November 2024
Source: www.independent.co.uk
‘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.’
OUT-law.com, 22nd October 2024
Source: www.pinsentmasons.com
‘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.’
Legal Ethics, 10th September 2024
Source: www.tandfonline.com
‘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.’
Legal Futures, 16th October 2024
Source: www.legalfutures.co.uk
‘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.’
The Guardian, 13th October 2024
Source: www.theguardian.com
‘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.’
UK Constitutional Law Association, 3rd October 2024
Source: ukconstitutionallaw.org
‘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.’
UK Constitutional Law Association, 3rd October 2024
Source: ukconstitutionallaw.org
‘A black executive who sued the Metropolitan police for £1m has told of the “bitter-sweet moment” of reaching a settlement with the force after alleging that he was racially profiled.’
The Guardian, 1st October 2024
Source: www.theguardian.com
‘Given the speed with which stolen assets can be transferred through the global banking system, and the increase in cyber fraud and invoice hacking incidents, time is of the essence if you are to successfully recover money stolen by a rogue employee through fraud.’
OUT-LAW.com. 26th September 2024
Source: www.pinsentmasons.com
‘Lawyers representing 37 women in a potential civil claim against Harrods over allegations involving former boss Mohamed Al Fayed have insisted that any non-disclosure agreements signed would “not preclude us from getting justice for these women.”’
Law Society's Gazette, 20th September 2024
Source: www.lawgazette.co.uk
‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’
OUT-LAW.com, 19th September 2024
Source: www.pinsentmasons.com
‘Public funding for justice is down by 22.4% in real per person terms since 2009/10, according to new analysis of government spending under the last government published by the Bar Council.’
The Bar Council, 4th September 2024
Source: www.barcouncil.org.uk
‘The government has shelved reintroducing the Litigation Funding Agreements (Enforceability) Bill until after the Civil Justice Council (CJC) has completed its review of funding next year.’
Legal Futures, 13th August 2024
Source: www.legalfutures.co.uk
‘Litigation funding supports the public interest and access to justice but will remain niche in aiding consumers, according to major research which identified 44 cases in the last five years.’
Legal Futures, 23rd May 2024
Source: www.legalfutures.co.uk
‘A Premier League boss has been granted a High Court anonymity order in a civil case against him for allegedly sexually abusing a 15-year-old girl.’
BBC News, 9th May 2024
Source: www.bbc.co.uk
‘The county court has “borne the brunt” of the failure of the court modernisation programme to deliver, a former adviser to the Ministry of Justice (MoJ) has said.’
Legal Futures, 8th May 2024
Source: www.legalfutures.co.uk
‘The Lady Chief Justice, Dame Sue Carr, has created a Transparency and Open Justice Board, which will “lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England & Wales”.’
Local Government Lawyer, 1si May 2024
Source: www.localgovernmentlawyer.co.uk
‘Over the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma-informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma-informed lawyering in this context and draw on interviews with UK-based civil lawyers who represented sexual violence survivors to explore the extent to which trauma-informed work is taking place. While we found that our sample of lawyers typically had a very good knowledge of sexual violence and the trauma that it can cause, there was less certainty about how to accommodate the impacts in practice. Moreover, there was a tendency to prioritize individual healing and medicalize a form of social injustice. We conclude by emphasizing the need for legal training and education on a trauma-informed approach that accounts for the social and political dimensions of sexual violence and trauma.’
Journal of Law and Society, 29th April 2024
Source: onlinelibrary.wiley.com
© Inner Temple Library 2024