Fixing the vicious cycle – Counsel
‘Rawdon Crozier considers what legislators and policy makers could learn from British cycling.’
Counsel, September 2016
Source: www.counselmagazine.co.uk
Category: civil justice
Landlords behaving badly – Nearly Legal
‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’
Nearly Legal, 13th August 2016
Source: www.nearlylegal.co.uk
Police to hire law firms to tackle cyber criminals in radical pilot project – The Guardian
‘Private law firms will be hired by police to pursue criminal suspects for profit, under a radical new scheme to target cyber criminals and fraudsters.’
The Guardian, 14th August 2016
Source: www.guardian.co.uk
What is London litigation’s place in the post-Brexit world? – Halsbury’s Law Exchange
‘It will be a while yet before the dust settles following the outcome of the 23 June referendum on the UK’s membership of the EU. London’s litigators are likely to have voted in different ways on an issue that touches so many different areas of our lives. But I am sure all would agree that the uncertainties generated by the result have the capacity to damage London as a global centre for litigation if not properly managed and addressed. Other litigation hubs are already seeking to capitalise and highlight challenges litigants in London may now face in a bid to attract work. It is vital that as a profession we work to meet that head on.’
Halsbury’s Law Exchange, 9th August 2016
Source: www.halsburyslawexchange.co.uk
Briggs presses ahead with Online Court and challenges profession to get to grips with unbundling – Legal Futures
‘Lord Justice Briggs published his final report on the structure of the civil courts and retained his strong support for the creation of an online court for claims worth up to £25,000 – which he said should be called the Online Solutions Court – although he has shifted position to say that parties should be able to recover a limited amount of legal costs.’
Legal futures, 27th July 2016
Source: www.legalfutures.co.uk
Civil Courts Structure Review (CCSR): Final Report published – Courts and Tribunals Judiciary
‘The final report of Lord Justice Briggs’ Civil Courts Structure Review was published on 27 July 2016.’
Courts and Tribunals Judiciary, 27th July 2016
Source: www.judiciary.gov.uk
Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette
‘A long-awaited report on the future of civil courts has recommended a new online court for dealing with all monetary claims up to £25,000.’
Law Society’s Gazette, 27th July 2016
Source: www.lawgazette.co.uk
The Treatment of Migrant Workers: A Patchwork of Protection – Littleton Chambers
‘June was a bumper month in the developing field of claims concerning vulnerable migrant workers who are badly treated by their employers. English law offers a patchwork quilt of contractual and statutory protections. One of the challenges for advisers and representatives is identifying the most appropriate causes of action for the treatment received.’
Littleton Chambers, 14th July 2016
Source: www.littletonchambers.com
JR jurisdiction ‘disadvantage’ for criminal cases – Law Society’s Gazette
‘The High Court has dismissed a bid to reconsider a judicial review decision, highlighting jurisdictional differences between criminal and civil proceedings.’
Law Society’s Gazette, 19th July 2016
Source: www.lawgazette.co.uk
The digital drive – Counsel
‘Catherine Baksi considers whether lawyers, judges, courts and clients are ready for a digital revolution, the drivers for change, and impact on access to justice.’
Counsel, July 2016
Source: www.counselmagazine.co.uk
Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer
‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’
Local Government Lawyer, 7th July 2016
Source: www.localgovernmentlawyer.co.uk
‘Borderline’ civil cases no longer eligible for legal aid – Law Society’s Gazette
‘Legal aid will no longer be made available for cases with poor or borderline prospects of success that may have received funding, the government has said.’
Law Society’s Gazette, 25th June 2016
Source: www.lawgazette.co.uk
Battle to stop Jack Straw facing Libya rendition charges – The Guardian
‘The government has spent at least £600,000 of taxpayers’ money trying to prevent a civil case being brought against it by a husband and wife who allege that British intelligence was complicit in their detention, rendition and torture.’
The Guardian, 26th June 2016
Source: www.guardian.co.uk
Two-thirds of litigators say increased court fees already putting off clients – Litigation Futures
‘Two-thirds of litigation lawyers say increased court fees have already deterred clients from commencing proceedings, a survey has found.’
Litigation Futures, 15th June 2016
Source: www.litigationfutures.com
Court finds UK gangmaster liable for modern slavery victims – The Guardian
‘A British company has been found liable for the first time for victims of modern slavery in a landmark high court judgment.’
The Guardian, 10th June 2016
Source: www.guardian.co.uk
Back to the drawing board: it’s time to rethink LASPO – Halsbury’s Law Exchange
‘Four years ago the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) received royal assent. In the following April cuts to legal aid were introduced that according to the government’s own estimates denied access to justice to over 300,000 people. Since the controversial legislation was approved by parliament there have been calls for it to be reviewed (see “Overdue review?”, Jon Robins, NLJ, 22 April 2016, p 7). In the Cabinet Office guide to making legislation it was recommended that a review should take place three to five years after the legislation received royal assent. So a review of LASPO should happen soon.’
Halsbury’s Law Exchange, 25th May 2016
Source: www.halsburyslawexchange.co.uk
Online Court will include “limited” legal costs to aid unbundled advice, says Briggs – Legal Futures
‘The new Online Court will not ban lawyers and there will be “a very limited element of fixed costs” so litigants can get initial legal advice – but not the full “over-expensive” service, Lord Justice Briggs said yesterday.’
Legal Futures, 24th May 2016
Source: www.legalfutures.co.uk
Jackson: fixed costs grid is “starting point for debate” – Litigation Futures
‘Lord Justice Jackson has sought to calm fears raised by the “grid of fixed costs” he proposed in January this year for all civil claims worth up to £250,000.’
Litigation Futures, 24th May 2016
Source: www.litigationfutures.com
Civil Justice Council decides against new housing court – Litigation Futures
‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’
Litigation Futures, 23rd May 2016
Source: www.litigationfutures.com
