Long-term sustainability of civil legal aid in doubt, MoJ research finds – Legal Futures

Posted January 22nd, 2024 in civil justice, legal aid, legal profession, Ministry of Justice, news, statistics by tracey

‘There is “notable cause for concern” over the long-term sustainability of the civil legal aid sector, research commissioned by the Ministry of Justice has concluded.’

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Legal Futures, 22nd January 2024

Source: www.legalfutures.co.uk

Brand new guide to help public easily access court hearings – Ministry of Justice

Posted January 2nd, 2024 in civil justice, courts, criminal justice, Ministry of Justice, news, tribunals by tracey

‘People are being encouraged to see how justice is done in courtrooms with the publication of a new and simple “how to” guide for attending court hearings today.’

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Ministry of Justice, 30th December 2023

Source: www.gov.uk

Civil Justice Council working group consult on procedure for determining mental capacity in civil proceedings – Local Government Lawyer

‘A Civil Justice Council (CJC) working group has launched a consultation on the procedure for determining mental capacity in civil proceedings.’

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Local Government Lawyer, 18th December 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Lady Chief Justice: Civil Justice Council’s 12th National Forum – Courts and Tribunals Judiciary

Posted November 24th, 2023 in civil justice, judges, news, speeches by tracey

‘Speech by the Lady Chief Justice: Civil Justice Council’s 12th National Forum.’

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Courts and Tribunals Judiciary, 20th November 2023

Source: www.judiciary.uk

Fixed costs rules not as simple as we wanted, Birss admits – Legal Futures

Posted October 30th, 2023 in civil justice, costs, news by tracey

‘The deputy head of civil justice has issued a robust defence of the new regime of fixed recoverable costs (FRCs) for cases worth up to £100,000 – while acknowledging it is not as simple as he would like.’

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Legal Futures, 30th October 2023

Source: www.legalfutures.co.uk

Law Society urges reform of “outdated” mental health legislation – Local Government Lawyer

Posted October 12th, 2023 in bills, civil justice, Law Society, mental health, news, tribunals by sally

‘The Law Society has called for urgent reforms to the Mental Health Act, which it has described as “outdated”.’

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Local Government Lawyer, 11th October 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Lord Chief Justice: Commonwealth Judges and Magistrates Conference 2023 – Courts & Tribunals Judiciary

Posted September 12th, 2023 in anonymity, civil justice, criminal justice, media, news, remote hearings, rule of law, speeches by tracey

‘Open Justice Today Commonwealth Judges and Magistrates Conference 2023.’

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Courts & Tribunals Judiciary, 11th September 2023

Source: www.judiciary.uk

Justice secretary must “get to grips” with escalating civil court delays – Legal Futures

Posted September 7th, 2023 in civil justice, courts, delay, Ministry of Justice, news by sally

‘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.’

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Legal Futures, 6th September 2023

Source: www.legalfutures.co.uk

Employment law highlights “gender gap” in civil legal justice – Legal Futures

‘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.’

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Legal Futures, 17th July 2023

Source: www.legalfutures.co.uk

Legal aid cuts denying vulnerable women access to justice, says thinktank – The Guardian

‘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.’

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The Guardian, 13th July 2023

Source: www.theguardian.com

New Judgment: R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24 – UKSC Blog

‘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.’

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UKSC Blog, 5th July 2023

Source: ukscblog.com

Supreme Court backs civil law test for police disciplinary proceedings – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 5th July 2023

Source: www.lawgazette.co.uk

Public confidence in justice system at risk due to delayed reforms, MPs warn – The Independent

Posted June 30th, 2023 in budgets, civil justice, courts, criminal justice, delay, HM Courts Service, news, victims by tracey

‘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.’

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The Independent, 30th June 2023

Source: www.independent.co.uk

MoJ sets up online procedure rule committee for Civil, Family and Tribunal jurisdictions – Local Government Lawyer

‘The Ministry of Justice (MoJ) has launched a new committee to help guide judges, legal representatives and litigants through online court procedures.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Acting for “environment-harming” clients “not about access to justice” – Legal Futures

Posted June 13th, 2023 in civil justice, environmental protection, law firms, legal advice, news by sally

‘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.’

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Legal Futures, 13th June 2023

Source: www.legalfutures.co.uk

Time from issue to trial in county court hits record high of 80 weeks – Legal Futures

‘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.’

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Legal Futures, 2nd June 2023

Source: www.legalfutures.co.uk

Civil Justice Council Costs Review – Final Report – Courts and Tribunals Judiciary

Posted May 12th, 2023 in civil justice, costs, news by tracey

‘Civil Justice Council Costs Review – Final Report’

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Courts and Tribunals Judiciary, 10th May 2023

Source: www.judiciary.uk

Civil Mediation – Becket Chambers

Posted April 5th, 2023 in chambers articles, civil justice, dispute resolution, news by sally

‘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.’

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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.’

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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

Posted March 14th, 2023 in civil justice, costs, electronic filing, legal aid, news, solicitors by sally

‘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”.’

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Legal Futures, 14th March 2023

Source: www.legalfutures.co.uk