Civil Justice Council Costs Review – Final Report – Courts and Tribunals Judiciary
‘Civil Justice Council Costs Review – Final Report’
Courts and Tribunals Judiciary, 10th May 2023
Source: www.judiciary.uk
Category: civil justice
Civil Mediation – Becket Chambers
‘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: Lowering the Standard – Doughty Street Chambers
‘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
Law Society calls in leading figures to support “21st century justice” project – Legal Futures
‘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
Case Preview: Lifestyle Equities C.V. and Anor v Ahmed and Anor – UKSC Blog
‘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
What’s the future for open justice and ‘justice system data’ policy? – Transparency Project
‘“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
Experts “too quick to dismiss” public concern over use of court data – Legal Futures
‘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
Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers
‘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
Civil legal aid review ‘to report in 2024’ – Law Society’s Gazette
‘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
Open Justice : Court Reporting In The Digital Age – Transparency Project
‘On 1 November 2022 the House of Commons Justice Committee published their report : Open Justice: court reporting in the digital age.’
Transparency Project, 12th November 2022
Source: transparencyproject.org.uk
MPs warn court system is failing to support public understanding of justice system – Local Government Lawyer
‘The Justice Committee has called for a “renewed focus” in the court system to remove barriers to the media and members of the public coming to court proceedings.’
Local Government Lawyer, 9th November 2022
Source: www.localgovernmentlawyer.co.uk
Rule makers to give ‘early notice’ of fixed costs rules – Law Society’s Gazette
‘The final procedural rules for next April’s extension of fixed recoverable costs to civil claims worth up to £100,000 will be made public as soon as possible, Lord Justice Birss said last week.’
Law Society’s Gazette, 7th November 2022
Source: www.lawgazette.co.uk
Vulnerable parties and civil proceedings – Family Law
‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’
Family Law, 28th October 2022
Source: www.familylaw.co.uk
Government legacy bill risks breaches of human rights law, committee finds – The Independent
‘Proposed Government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a Westminster committee has found.’
The Independent, 26th October 2022
Source: www.independent.co.uk
Solicitor engaged in ‘pathological’ litigation handed civil restraint order – Law Society’s Gazette
‘A law firm has been barred by the High Court from making any further court applications for at least 18 months after failing to heed warnings to stop.’
Law Society's Gazette, 7th October 2022
Source: www.lawgazette.co.uk
Government to launch review of civil legal aid sustainability – Legal Futures
‘The government is to launch a review of civil legal aid in the coming weeks, the Ministry of Justice (MoJ) has confirmed.’
Legal Futures, 4th October 2022
Source: www.legalfutures.co.uk
Time taken to get civil cases to trial reaches all-time high – Legal Futures
‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’
Legal Futures, 2nd September 2022
Source: www.legalfutures.co.uk
Claim against solicitors was attempt to relitigate private prosecution – Legal Futures
‘A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.’
Legal Futures, 3rd August 2022
Source: www.legalfutures.co.uk
Domestic abusers barred from cross-examining victims in family and civil courts – Ministry of Justice
‘Victims of domestic abuse can be spared from being cross-examined by their alleged attackers in family and civil courts under measures coming into force today (21 July 2022).’
Ministry of Justice, 21st July 2022
Source: www.gov.uk
