judiciary – Page 33 – Current Awareness

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.’

Full story

Halsbury’s Law Exchange, 12th March 2014

Source: www.halsburyslawexchange.co.uk

Senior judges lay bare hostility to government’s court fee rises – Litigation Futures

Posted March 6th, 2014 in consultations, courts, fees, judiciary, news by tracey

‘The senior judiciary has dismantled the government’s proposals to raise court fees, questioning the underlying policy, highlighting the “clearly inadequate” evidence and warning that introducing enhanced fees in commercial cases is “unworkable”.’

Full story

Litigation Futures, 5th March 2014

Source: www.litigationfutures.com

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.’

Full story

Law Society’s Gazette, 4th March 2014

Source: www.lawgazette.co.uk

New duty will require judges to report lawyers subject to wasted costs orders to regulators – Litigation Futures

Posted February 6th, 2014 in consultations, costs, immigration, judiciary, legal profession, news, wasted costs orders by sally

‘Judges making wasted costs orders (WCOs) are to be placed under a duty to report the lawyers involved to their regulator in a bid to make them “consider more carefully the decisions they make in handling a case”, the government has decided.’

Full story

Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

QASA given green light by High Court as JR fails – Legal Futures

Posted January 20th, 2014 in advocacy, barristers, costs, judicial review, judiciary, Legal Services Board, news, quality assurance by sally

‘A judicial review of the Legal Services Board’s approval of the Quality Assurance Scheme for Advocacy (QASA) has today been comprehensively rejected by the High Court.’

Full story

Legal Futures, 20th January 2014

Source: www.legalfutures.co.uk

MLA guidelines for foreign authorities – Home Office

Posted January 10th, 2014 in criminal procedure, foreign jurisdictions, judiciary, news by tracey

‘These guidelines describe mutual legal assistance (MLA) that can be provided by the UK.’

Full text

Home Office, 6th January 2014

Source: www.gov.uk/home-office

Mental health patients being denied human rights in court, warn leading lawyers – The Independent

Posted January 6th, 2014 in codes of practice, Court of Protection, human rights, judiciary, mental health, news by sally

‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’

Full story

The Independent, 3rd January 2014

Source: www.independent.co.uk

Lord Judge – Constitutional Change: Unfinished Business – UCL Constitutional Unit

Posted December 18th, 2013 in constitutional law, constitutional reform, human rights, judiciary, news by sally

‘Lord Judge delivered a lecture on the topic of “Constitutional Change: Unfinished Business”.’

Video

UCL Constitutional Unit, 17th December 2013

Source: www.ucl.ac.uk/constitution-unit

Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

Posted December 16th, 2013 in barristers, costs, divorce, fees, financial dispute resolution, judiciary, news, professional conduct, proportionality, solicitors by sally

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

Full story

Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

Jurors who search web during cases could be jailed under new proposals – The Guardian

Posted December 9th, 2013 in attorney general, confiscation, contempt of court, freedom of expression, imprisonment, internet, judiciary, juries, Law Commission, media, news, reporting restrictions by sally

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

Full story

Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk

Senior judge: European court of human rights undermining democratic process – The Guardian

Posted December 4th, 2013 in detention, elections, human rights, interpretation, judges, judiciary, jurisdiction, news, Northern Ireland, prisons, Supreme Court by sally

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

Full story

The Guardian, 28th November 2013

Source: www.guardian.co.uk

The Unity of Law ‐ Or The Dangers of Over‐Specialisation – Speech by Sir Rabinder Singh

Posted December 2nd, 2013 in barristers, judiciary, speeches by sally

The Unity of Law ‐ Or The Dangers of Over‐Specialisation (PDF)

Speech by Sir Rabinder Singh

Society of Legal Scholars Centenary Lecture, 28th November 2013

Source: www.judiciary.gov.uk

Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog

Posted November 22nd, 2013 in courts, human rights, judiciary, news, treaties by tracey

‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’

Full story

UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

District judges taking hardline approach to Jackson enforcement – Litigation Futures

Posted November 19th, 2013 in appeals, civil procedure rules, disclosure, judiciary, news, striking out by sally

“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”

Full story

Litigation Futures, 19th November 2013

Source: www.litigationfutures.com

Equal Treatment Bench Book – Judiciary of England and Wales

Posted November 8th, 2013 in diversity, documents, equality, judiciary, news by tracey

“The Equal Treatment Bench Book, a guide for judges, magistrates and all other judicial office-holders, has been revised and updated.”

Full text

Judiciary of England and Wales, 6th November 2013

Source: www.judiciary.gov.uk

The Bar in society: A vital force for good – Speech by Maura McGowan QC, Chairman of the Bar

Posted November 6th, 2013 in barristers, budgets, diversity, equality, fees, judiciary, legal aid, legal education, legal profession, legal representation, news, pro bono work, public interest, rule of law by sally

The Bar in society: A vital force for good (PDF)

Speech by Maura McGowan QC, Chairman of the Bar

Annual Bar Conference, 2nd November 2013

Source: www.barcouncil.org.uk

The courts are secular, says top family judge – Law Society’s Gazette

Posted October 30th, 2013 in children, courts, diversity, equality, family courts, judiciary, marriage, medical treatment, news, rule of law by sally

“The law has a neutral view of religious belief, the president of the Family Division said today, stressing the secular nature of the judges’ job.”

Full story

Law Society’s Gazette, 29th October 2013

Source: www.lawgazette.co.uk

The Intellectual Property Enterprise Court – not just a new name – Technology Law Update

Posted October 23rd, 2013 in courts, intellectual property, judiciary, jurisdiction, news by tracey

“On 1 October 2013, the Patents County Court (‘PCC’) was renamed the Intellectual Property Enterprise Court (‘IPEC’). Many practitioners just note it, in passing, as part of the effort by the Government to enhance the popularity of the PCC/IPEC – part of their agenda promoting innovation (particularly for small and medium sized enterprises), rather than a change with a significant impact on the law. However, to dismiss it as ‘just a new name’ would not be quite accurate.”

Full story

Technology Law Update, 22nd October 2013

Source: www.technology-law-blog.co.uk