Master of the rolls gives green light to mandatory ADR – Law Society’s Gazette

Posted July 13th, 2021 in civil justice, dispute resolution, human rights, news, reports by tracey

‘Mandatory (alternative) dispute resolution is lawful and should be encouraged, according to the Civil Justice Council’s report on compulsory alternative dispute resolution.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Legal lifeline for people in need – Ministry of Justice

‘People who have fallen on hard times during the pandemic will be helped by extra funding for free legal advice, the government has announced.’

Full press release

Ministry of Justice, 1st July 2021

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

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems – Courts & Tribunals Judiciary

‘Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems.’

Full speech

Courts & Tribunals Judiciary, 17th June 2021

Source: www.judiciary.uk

Lord Chancellor outlines his plans to recover the justice system from COVID-19 – Ministry of Justice

‘The Lord Chancellor spoke at the Law Society to thank the hidden heroes who kept justice moving during the COVID-19 pandemic and outlined his plans for recovering the system, as well as propelling it towards a better future.’

Full speech

Ministry of Justice, 4th June 2021

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

Immigration and civil litigation hit hardest by Covid-19 – Legal Futures

‘Immigration and civil litigation were the two areas of legal practice hit hardest by the pandemic last year, with private client and family law “insulated” from the impact, new research has found.’

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Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

I’ve seen how the UK justice system is crumbling. Why doesn’t the government take action? – Dominic Grieve – The Guardian

Posted April 6th, 2021 in budgets, civil justice, courts, criminal justice, legal aid, news, prisons by sally

‘From decrepit court buildings to legal aid cuts, the service has been brought to its knees. And there’s little hope of change.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Public Accounts Committee warns of “huge backlogs” in courts, justice system under “unprecedented pressure” – Local Government Lawyer

‘The Ministry of Justice “faces significant risks across the full range of its services, without a clear sense of prioritisation” and huge backlogs that have built up are causing “unacceptably long waiting times for people to access justice”, the Public Accounts Committee has said.’

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Local Government Lawyer, 24th March 2021

Source: www.localgovernmentlawyer.co.uk

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

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Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

Running on Empty: New report finds serious problems with legal help for the public – The Bar Council

Posted January 25th, 2021 in barristers, bereavement, civil justice, families, inquests, legal aid, news by tracey

‘A newly published report “Running on Empty” from the Bar Council, which represents all barristers in England and Wales, reveals the severity of problems in the civil legal aid system.’

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The Bar Council, 15th January 2021

Source: www.barcouncil.org.uk

Standard of Proof and the Chief Coroner’s Law Sheet No.6 – Maughan and Beyond – Parklane Plowden Chambers

‘On 13th January 2021, the new Chief Coroner, HHJ Teague QC, published Law Sheet No.6. This new guidance comes exactly two months after the Supreme Court gave judgment on 13th November 2020 in the case of R (on the application of Thomas Maughan) v. HM Senior Coroner for Oxfordshire [2020] UKSC 46 where it ruled by majority that all conclusions in coronial inquests, whether short form or narrative, are to be determined on the civil standard of proof: the balance of probabilities.’

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Parklane Plowden Chambers, 19th January 2021

Source: www.parklaneplowden.co.uk

Civil court recovery: More in-person hearings and longer hours – Litigation Futures

‘Up to two-thirds of civil hearings will take place face-to-face over the coming months as the caseload increases, with longer operating hours an option for courts if needed.’

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Litigation Futures, 10th November 2020

Source: www.litigationfutures.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions – Local Government Lawyer

Posted October 21st, 2020 in ASBOs, civil justice, injunctions, local government, news by sally

‘Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.’

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Local Government Lawyer, 20th October 2020

Source: www.localgovernmentlawyer.co.uk

Court reforms data collection progress “disappointing” – Legal Futures

Posted October 20th, 2020 in civil justice, courts, criminal justice, equality, HM Courts Service, news by sally

‘The government’s £1bn court reforms have had a “disappointingly slow” start in collecting the information required to ensure the justice system is fair, according to researchers.’

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Legal Futures, 20th October 2020

Source: www.legalfutures.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Justice committee launches inquiry into court backlog – Legal Futures

‘MPs have today launched an inquiry to investigate delays in the court system and what should be done to clear the backlog of cases.’

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Legal Futures, 30th July 2020

Source: www.legalfutures.co.uk

Location of ‘Nightingale courts’ to tackle case backlog in England and Wales revealed – The Guardian

Posted July 21st, 2020 in civil justice, coronavirus, courts, criminal justice, delay, news by sally

‘The locations of 10 emergency “Nightingale courts” created by the Ministry of Justice for socially distanced trials to tackle the massive backlog in cases in England and Wales have been announced.’

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The Guardian, 19th July 2020

Source: www.theguardian.com