‘The Law Society has called for urgent reforms to the Mental Health Act, which it has described as “outdated”.’
Local Government Lawyer, 11th October 2023
Source: www.localgovernmentlawyer.co.uk
‘Open Justice Today Commonwealth Judges and Magistrates Conference 2023.’
Courts & Tribunals Judiciary, 11th September 2023
Source: www.judiciary.uk
‘Justice secretary Alex Chalk must urgently “get to grips” with increasing civil court delays to help thousands of consumers trapped in “legal limbo”, the Association of Consumer Support Organisations (ACSO) has argued.’
Legal Futures, 6th September 2023
Source: www.legalfutures.co.uk
‘Employment law is one of the main areas where women face systemic barriers to seeking civil legal help and legal aid needs to be expanded as a result, a feminist think tank has urged.’
Legal Futures, 17th July 2023
Source: www.legalfutures.co.uk
‘Vulnerable women in England and Wales, including survivors of domestic and sexual abuse, are being denied justice because of cuts to the civil legal aid budget, a thinktank has said.’
The Guardian, 13th July 2023
Source: www.theguardian.com
‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’
UKSC Blog, 5th July 2023
Source: ukscblog.com
‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’
Law Society's Gazette, 5th July 2023
Source: www.lawgazette.co.uk
‘Public confidence in the justice system is at risk of being undermined by the courts and tribunals service amid delays to key reforms, MPs have warned in a scathing report.’
The Independent, 30th June 2023
Source: www.independent.co.uk
‘The Ministry of Justice (MoJ) has launched a new committee to help guide judges, legal representatives and litigants through online court procedures.’
Local Government Lawyer, 13th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Decisions taken by law firms to act for clients, including “environment-harming” fossil fuel companies and others, are not about access to justice or legal ethics, a leading academic has argued.’
Legal Futures, 13th June 2023
Source: www.legalfutures.co.uk
‘The number of claims lodged at the county court has returned to near pre-Covid levels but the time between issue and trial has reached a new all-time high, according to the latest government figures.’
Legal Futures, 2nd June 2023
Source: www.legalfutures.co.uk
‘Civil Justice Council Costs Review – Final Report’
Courts and Tribunals Judiciary, 10th May 2023
Source: www.judiciary.uk
‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’
Becket Chambers, 22nd March 2023
Source: becket-chambers.co.uk
‘Sexual Risk Orders (‘SRO’) under section 122A of the Sexual Offences Act 2003 (‘the 2003 Act’) were introduced in 2015 by the Anti-Social Behaviour, Crime and Policing Act 2014. Unlike the similar Sexual Harm Prevention Orders introduced at the same time, SROs may be obtained without a criminal conviction for a sexual offence. Being civil orders obtained in the Magistrates’ Court the applicant authority (a police force or the National Crime Agency) is able to rely on the admissibility of hearsay evidence under the Civil Evidence Act 1995 (‘the 1995 Act’) and the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999. However, the Police, Crime, Sentencing and Courts Act 2022 significantly altered the process by amending section 122A(6) to state that the court need only be satisfied on the balance of probabilities that a defendant has done at least one act of a sexual nature as alleged. Previously, the standard of proof had been held to be the criminal standard, though the statute was silent as to the standard required. This amendment took effect on 29 November 2022 and there has already been a noticeable upsurge in the number of applications for these Draconian orders.’
Doughty Street Chambers, 12th March 2023
Source: insights.doughtystreet.co.uk
‘The Law Society has pulled together figures from law firms, technology and business – as well as the former Senior President of Tribunals – to support a project looking at how the justice system can be made “fit for the future”.’
Legal Futures, 14th March 2023
Source: www.legalfutures.co.uk
‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’
UKSC Blog, 8th March 2023
Source: ukscblog.com
‘“Our justice system is years behind other public services like health and education in collecting and using data to understand performance and impact” says Natalie Byrom, director of research at the Legal Education Foundation (TLEF). “We need a fundamental shift in attitude and culture to ensure that changes are underpinned by solid evidence and that decision-makers are accountable to those who need the law most.”’
Transparency Project, 24th February 2023
Source: transparencyproject.org.uk
‘Senior government officials and lawtech specialists accept there is “meaningful” public concern about the use of data from the justice system, but often suggest the public does not “really understand the system”, a report has found.’
Legal Futures, 22nd February 2023
Source: www.legalfutures.co.uk
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘The Ministry of Justice has finally set the ball rolling on its major review of the civil legal aid sector. However, the timetable suggests any measures to save the shrinking sector may not be implemented until late 2024 at the earliest, in the likely runup to the next general election.’
Law Society's Gazette, 5th January 2023
Source: www.lawgazette.co.uk
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