Category: civil justice

Why an inquisitorial system for family courts won’t work – Halsbury’s Law Exchange

Posted March 13th, 2014 in civil justice, dispute resolution, family courts, judiciary, litigants in person, news, speeches by tracey

‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’

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Halsbury’s Law Exchange, 12th March 2014

Source: www.halsburyslawexchange.co.uk

Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted March 6th, 2014 in charities, civil justice, Crown Court, fraud, judges, rule of law, speeches by tracey

‘It is a pleasure and a privilege to have been asked to give this short address tonight. It is an important time for both Justice the organisation and for our justice system. With that in mind I want to focus on what I have described in the title as “Reshaping Justice”.’

Full speech

Judiciary of England & Wales, 4th March 2014

Source: www.judiciary.gov.uk

Court fee plans herald justice for those who can pay – senior judges – Law Society’s Gazette

Posted March 5th, 2014 in civil justice, costs, family courts, fees, judiciary, Ministry of Justice, news by sally

‘Senior judges have savaged government proposals for reforming court fees, warning that they are based on ‘inadequate’ and compromised research, and basic misconceptions about the way the courts operate.’

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Law Society’s Gazette, 4th March 2014

Source: www.lawgazette.co.uk

Senior judges attack government’s planned court cost rise – BBC News

Posted March 4th, 2014 in civil justice, courts, fees, judges, news by sally

‘Government plans to increase the cost of going to court in England and Wales would undermine the civil and family justice system, top judges have said.’

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BBC News, 4th March 2014

Source: www.bbc.co.uk

Inquisitorial system may be better for family and civil cases, says top judge – The Guardian

Posted March 4th, 2014 in civil justice, family courts, judges, legal aid, litigants in person, news by sally

‘A judge-led, inquisitorial system of justice may be a better way of conducting family and civil cases where litigants are unrepresented, the lord chief justice has suggested.’

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The Guardian, 4th March 2014

Source: www.guardian.co.uk

Legal aid cuts could put Britain’s reputation for impartiality and fairness at risk – The Guardian

Posted February 4th, 2014 in civil justice, legal aid, news by sally

‘Britain’s international reputation for justice is not just a matter of pride: it also earns billions in exports.’

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The Guardian, 4th February 2014

Source: www.guardian.co.uk

Unfinished business – New Law Journal

Posted January 30th, 2014 in arbitration, budgets, civil justice, civil procedure rules, damages, fees, news, part 36 offers by sally

‘Dominic Regan predicts the likely civil procedure developments for 2014.’

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New Law Journal, 29th January 2014

Source: www.newlawjournal.co.uk

Revealed: the top cases of 2014 – The Lawyer

Posted January 6th, 2014 in civil justice, news by sally

‘The High Court will host some of the largest-value cases it has ever seen in 2014 – but only the biggest disputes will fight all the way.’

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The Lawyer, 6th January 2014

Source: www.thelawyer.com

Government proposes higher court fees for commercial cases – OUT-LAW.com

Posted December 6th, 2013 in civil justice, company law, consultations, courts, fees, news by tracey

‘Companies seeking to recover large sums through the civil courts could be charged up to £20,000 in fees under proposals put forward by the Ministry of Justice (MoJ).’

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OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Support for vulnerable women and taxpayers in court fees changes – Ministry of Justice

Posted December 3rd, 2013 in civil justice, consultations, courts, domestic violence, fees, injunctions, news by sally

‘People taking high value cases through civil courts in England and Wales will be expected to pay much more towards their running costs, Courts Minister Shailesh Vara has announced – while the fees for domestic violence injunctions will be scrapped.’

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Ministry of Justice, 3rd December 2013

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

Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group

Posted November 21st, 2013 in civil justice, constitutional law, contracts, news by sally

“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”

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UK Constitutional Law Group, 21st November 2013

Source: www.ukconstitutionallaw.org

Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

Posted November 18th, 2013 in civil justice, consultations, costs, expert witnesses, news, personal injuries, proportionality, small claims by sally

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

First verdict on Jackson: litigators give thumbs down – Litigation Futures

Posted November 1st, 2013 in budgets, civil justice, costs, legal profession, news by sally

“Seven months into the Jackson reforms and litigators see rising costs and no greater access to justice as the main results so far, according to a new poll.”

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Litigation Futures, 31st October 2013

Source: www.litigationfutures.com

Advances in open justice in England and Wales – Speech by the Master of the Rolls

Posted October 23rd, 2013 in civil justice, courts, criminal justice, internet, media, speeches, telecommunications, trials, video recordings by tracey

“Master of the Rolls speech: Hong Kong lecture – 18 October 2013.”

Full speech

Judiciary of England and Wales, 22nd October 2013

Source: www.judiciary.gov.uk

Justice in one fixed place or several? – the Lord Chief Justice

Posted October 22nd, 2013 in civil justice, courts, judiciary, legal history, legal profession, speeches by tracey

“Birkenhead Lecture by the Lord Chief Justice, 22/10/2013.”

Full speech

Judiciary of England and Wales, 21st October 2013

Source: www.judiciary.gov.uk

A Rough Guide to the Civil Appeal System in England and Wales – Garden Court Chambers Blog

Posted October 22nd, 2013 in appeals, civil justice, courts, judicial review, news, Supreme Court, tribunals by tracey

“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”

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Garden Court Chambers Blog, 22nd October 2013

Source: www.gclaw.wordpress.com

Lord Neuberger on “Justice in an age of austerity” – CrimeLine

Posted October 18th, 2013 in civil justice, criminal justice, internet, judges, judicial review, legislative drafting, rule of law, speeches by tracey

“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”

Full speech

CrimeLine, 15th October 2013

Source: www.crimeline.info

Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com

Posted October 9th, 2013 in budgets, case management, civil justice, construction industry, costs, courts, negligence, news, proportionality by sally

“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”

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OUT-LAW.com, 8th October 2013

Source: www.out-law.com

Legal Aid’s Still On The Brink – Garden Court Chambers Blog

Posted September 17th, 2013 in civil justice, immigration, law firms, legal aid, news, prisons by sally

“Liz Davies, writing in the Morning Star on Saturday 14 September, delivers a grim warning about the future of legal aid.”

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Garden Court Chambers Blog, 17th September 2013

Source: www.gclaw.wordpress.com

A fairer civil future? – New Law Journal

Posted September 12th, 2013 in case management, civil justice, civil procedure rules, costs, news, proportionality by tracey

“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”

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New Law Journal, 6th September 2013

Source: www.newlawjournal.co.uk