Category: civil justice

A Stitch in Time Saves Nine – Hardwicke Chambers

Posted May 16th, 2017 in amendments, civil justice, civil procedure rules, news, time limits by sally

‘In the well-known case of Cobbold v London Borough of Greenwich (LTL 24/5/2001) Gibson LJ said:

‘The overriding objective (of the CPR) is that the court should deal with cases justly. That includes, so far as is practicable, ensuring that each case is dealt with not only expeditiously but also fairly. Amendments in general ought to be allowed so that the real dispute between the parties can be adjudicated upon provided that any prejudice to the other party or parties caused by the amendment can be compensated in costs, and the public interest in the efficient administration of justice is not significantly harmed…’.’

Full story

Hardwicke Chambers, 11th April 2017

Source: www.hardwicke.co.uk

High Court rejects litigation privilege claim in test case – Litigation Futures

Posted May 11th, 2017 in civil justice, crime, disclosure, documents, fraud, news, privilege, prosecutions, trials by tracey

‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’

Full story

Litigation Futures, 10th May 2017

Source: www.litigationfutures.com

Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns – Litigation Futures

Posted May 11th, 2017 in civil justice, consultations, costs, expert witnesses, health, negligence, news, personal injuries, reports by tracey

‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’

Full story

Litigation Futures, 11th May 2017

Source: www.litigationfutures.com

The Value of Justice: The Bar Council Manifesto for Justice 2017 – The Bar council

Posted May 9th, 2017 in barristers, civil justice, criminal justice, reports by tracey

‘The Bar Council’s General Election 2017 Manifesto for Justice .’

Full manifesto

The Bar Council, 8th May 2017

Source: www.barcouncil.org.uk

Legal aid safety net applications up by 43% – Legal Voice

Posted April 10th, 2017 in civil justice, criminal justice, legal aid, legal representation, news, statistics by sally

‘There has been a 43% increase in applications to LASPO’s safety net regime compared to last year and theLegal Aid Agency granted almost six out of 10. There were 441 applications for exceptional case funding received between October and December 2016, comprising 383 and 58 re-submissions. This compares to 308 in the same period for 2015.’

Full story

Legal Voice, 6th April 2017

Source: www.legalvoice.org.uk

Prisons and Courts Bill to improve access to justice and better protect the vulnerable – Ministry of Justice

Posted March 21st, 2017 in bills, civil justice, courts, criminal justice, internet, news, prisons by tracey

‘Plans to revolutionise the courts to make them more straightforward and efficient, and deliver swifter justice for victims.’

Full press release

Ministry of Justice, 20th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Quality must trump convenience in online justice reforms – The Bar Council

Posted March 21st, 2017 in barristers, bills, civil justice, courts, criminal justice, internet, press releases by tracey

‘As the Government presses ahead with plans for online and virtual hearings, the Bar Council has warned that the quality and the reputation of our system of justice must not suffer.’

Full press release

The Bar Council, 20th March 2017

Source: www.barcouncil.org.uk

Business and Property Courts – Courts and Tribunals Judiciary

Posted March 14th, 2017 in civil justice, courts, dispute resolution, press releases by tracey

‘From June of this year, the specialist civil courts are to be known as the “Business and Property Courts of England and Wales”.’

Full press release

Courts and Tribunals Judiciary, 13th March 2017

Source: www.judiciary.gov.uk

Legal problem and resolution survey 2014 to 2015 – Ministry of Justice

Posted March 8th, 2017 in benefits, civil justice, education, employment, families, legal services, Ministry of Justice, reports, statistics by tracey

‘These reports present the findings from the Legal Problem and Resolution Survey 2014 to 2015, a telephone survey of 10,058 adults in England and Wales.’

Full reports

Ministry of Justice, 3rd march 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Online court “visible by September and no big bang”, top judge reveals – Legal Futures

Posted February 22nd, 2017 in civil justice, computer programs, courts, electronic filing, internet, judges, news, tribunals by sally

‘The first signs of an online court (OC) will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge.’

Full story

Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Vital Times for Human Rights Lawyers as we Face Attacks on Fundamental Rights at Home and Abroad – Garden Court Chambers

Posted February 21st, 2017 in barristers, civil justice, criminal justice, human rights, legal aid, news by sally

‘Leslie Thomas QC on the vital role of human rights lawyers in these turbulent times.’

Full story

Garden Court Chambers, 6th February 2017

Source: www.gardencourtchambers.co.uk

Introducing the litigant in person network – Legal Voice

Posted February 21st, 2017 in civil justice, internet, legal representation, litigants in person, news by sally

‘The Litigant in Person Network is an online platform which aims to connect a wide range of people with a common goal of improving access to justice. Coordinated by the Litigant in Person Support Strategy, and supported by The Legal Education Foundation, the network is a place for interested professionals to share, discussion and collaborate across sectors on issues relating to both actual and potential Litigants in Person (LiPs).’

Full story

Legal Voice, 20th February 2017

Source: www.legalvoice.org.uk

Lawyers unite in opposition to massive extension of fixed costs – Litigation Futures

Posted February 16th, 2017 in barristers, civil justice, costs, news, personal injuries by sally

‘Lawyers have united against the potential threat of a huge extension of fixed recoverable costs to all civil claims worth up to £250,000.’

Full story

Litigation Futures, 15th February 2017

Source: www.litigationfutures.com

Soldiers could be ‘shut out of justice’ under combat immunity plans – The Guardian

Posted February 14th, 2017 in armed forces, civil justice, compensation, complaints, defence, immunity, news, war by sally

‘Soldiers will be “shut out of justice” and military equipment failures will be covered up under plans to extend combat immunity and prevent military claims going to court, ministers have been warned.’

Full story

The Guardian, 14th February 2017

Source: www.guardian.co.uk

Fathers4 (Access2) Justice: Administrative Court ruling on the public’s right to attend court hearings and the Court Service’s limited powers of control – UK Human Rights Blog

Posted February 9th, 2017 in civil justice, courts, families, news, public order, trials by sally

‘On 20 February 2015 Matthew O’Connor, the Claimant in this judicial review and the founder of the campaign group Fathers4Justice, was due to go on trial at Aldershot Magistrates’ Court for a public order offence. He arrived at court with around ten of his supporters, but when they tried to gain entry to the court building they were prevented from doing so by HMCTS staff. Only the Claimant and his Mackenzie Friend were allowed to enter.’

Full story

UK Human Rights Blog, 8th February 2017

Source: www.ukhumanrightsblog.com

Legal services at forefront of Global Britain – Ministry of Justice

Posted January 25th, 2017 in civil justice, courts, dispute resolution, EC law, legal profession, legal services, London, lord chancellor, press releases by tracey

‘A bold and bright future awaits the UK’s world-leading legal services as we prepare to leave the EU, Lord Chancellor Elizabeth Truss declared today.’

Full press release

Ministry of Justice, 19th January 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Rape victims shouldn’t have to pay for their own justice through the civil courts – The Independent

Posted January 20th, 2017 in civil justice, criminal injuries compensation, criminal justice, legal representation, news, rape, victims by sally

‘The jury in a criminal case must believe the accused is guilty ‘beyond reasonable doubt’, meaning that a victim can be believed and yet a ‘not guilty’ verdict is still returned. This is part of the reason that many cases never reach trial: the police or CPS think the evidence may not fulfil the tough requirements of the criminal courts.’

Full story

The Independent, 18th January 2017

Source: www.independent.co.uk

Justice denied: the damning results of the latest report on the impact of legal aid cut – Halsbury’s Law Exchange

Posted January 16th, 2017 in budgets, civil justice, legal aid, Ministry of Justice, news, reports, solicitors, statistics by sally

‘Secretary of State for Justice, Liz Truss, recently announced that the government would soon confirm the time-table for the post legislative review of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO). There has been growing pressure on ministers for some time to announce this (see “Back to the drawing board”, 166 NLJ 7698 13 May 2016, p 6). The Legal Action Group (LAG) hopes that the review will be used as an opportunity by the still relatively new team at the top of the Ministry of Justice (MoJ) to look at funding the provision of early advice in civil legal cases.’

Full story

Halsbury’s Law Exchange, 11th January 2017

Source: www.halsburyslawexchange.co.uk

Government forecast on impact of PI reforms “skewed against lawyers”, say economists – Legal Futures

Posted January 9th, 2017 in civil justice, consultations, damages, insurance, news, personal injuries, small claims, solicitors by sally

‘The government’s own assessment of the impact of its planned personal injury reforms “makes the implicit assumption that solicitors, and the civil justice system as a whole, produce no benefits to society”, according to independent economists.’

Full story

Legal Futures, 9th January 2017

Source: www.legalfutures.co.uk

Lecture by Sir Terence Etherton, MR: LawWorks Annual Pro Bono Awards lecture 2016 – Courts and Tribunals Judiciary

Posted December 7th, 2016 in civil justice, electronic filing, legal education, legal representation, litigants in person, litigation friends, speeches by tracey

‘It is a real pleasure to have been asked to give this year’s LawWorks Annual Pro Bono Awards lecture. My subject is Access to Justice. I am not interested in it as a slogan. I am interested in it because access to justice lies at the heart of any society that aspires to call itself just, civilised, and committed to democracy and the rule of law.’

Full speech

Courts and Tribunals Judiciary, 7th December 2016

Source: www.judiciary.gov.uk