“Jackson” and committal for contempt in matrimonial cases by David Partington – Sovereign Chambers

“It might be that the sanction of committal for contempt for ignoring orders of the court in respect of providing proper financial information in divorce proceedings may be more likely than before – partly in view of the new climate intended to be fostered by the ‘Jackson’ reforms.”

Full story

Sovereign Chambers, 22nd July 2013

Source: www.sovereignchambers.co.uk

Christopher Forsyth: Principle or Pragmatism: Closed Material Procedure in the Supreme Court

“In Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34; [2012] 1 AC 531 the claimants (respondents in the Supreme Court) were bringing civil claims for damages against the defendants (appellants in the Supreme Court) alleging complicity by the defendants in their mistreatment by foreign powers (including detention at Guantanamo Bay). The defendants as part of their defence wished to place before the court ‘security sensitive material’ – presumably the evidence of intelligence agents, or similar, denying the complicity – which for security reasons could not be disclosed to the claimants. Thus the defendants submitted that the court hold a “closed material procedure”. They envisaged that the evidence would be placed before the courts in closed session, i.e. a session from which the claimants and their representatives (and the public) were excluded. In the closed session the claimants would be represented by “special advocates” appointed by the court who would have access to the evidence but would not be able to take instructions from the claimants. Such procedures are controversial since they threaten the fundamental principles of open justice and natural justice. On the other hand, the national interest would doubtless be impaired, in some cases, if intelligence agents gave evidence and their methods and secrets were exposed in open court.”

Full story

UK Constitutional Law Group, 29th July 2013

Source: www.ukconstitutionallaw.org

Couple’s stolen caravan cannot be returned as could breach traveller family’s ‘human rights’ – Daily Telegraph

Posted July 31st, 2013 in civil justice, housing, human rights, news, police, theft, travellers by sally

“A couple who spent their retirement savings on a caravan only to see it stolen were astounded when police said the travellers who are living in it could not be removed as it would breach their ‘human rights’.”

Full story

Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Court of Appeal commends short rulings as way to cut “soaring costs of litigants” – Litigation Futures

Posted July 25th, 2013 in appeals, civil justice, costs, courts, judgments, news by tracey

“Short, old-style rulings that lay out the legal propositions relevant to the case and the conclusions reached by applying them should help reduce the cost litigation, the Court of Appeal has suggested.”

Full story

Litigation Futures, 25th July 2013

Source: www.litigationfutures.com

The implications for access to justice of the Government’s proposed legal aid reforms – Joint Committee on Human Rights

“The Joint Committee on Human Rights, chaired by Dr Hywel Francis MP, is today launching an inquiry into the implications for access to justice of certain of the Government’s proposals to reform legal aid, as set out in its Consultation Paper Transforming Legal Aid: delivering a more credible and efficient system.”

Full press release

Joint Committee on Human Rights, 18th July 2013

Source: www.parliament.uk

Anonymity: publication and open justice – Panopticon

“The tension between transparency and individual privacy is part of what makes information rights such a fascinating and important area. When it comes to high-public interest issues involving particular individuals, prevailing wisdom has tended to be something like this: say as much as possible on an open basis, but redact and anonymise so as to protect the identity of the individuals involved. Increasingly, however, transparency is outmuscling privacy. See for example my post about the Tribunal’s order of disclosure, in the FOIA context, of the details of the compensation package of a Chief Executive of an NHS Trust (the case of Dicker v IC (EA/2012/0250).”

Full story

Panopticon, 11th July 2013

Source: www.panopticonblog.com

Civil courts not open to attempts to re-run criminal trials – UK Human Rights Blog

“Salahuddin Amin v Director General of MI5, Chief of MI6, the FCO, the Home Office and the Attorney General- [2013] EWHC 1579 (QB). Do not be misled by the impressive cast list of defendants in this case it means simply that the claimant was attempting to attack the integrity of his criminal conviction via the civil courts.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

High court throws out ‘UK complicit in torture’ damages case – The Guardian

Posted June 27th, 2013 in abuse of process, civil justice, intelligence services, news, torture by sally

“The high court has thrown out a damages case brought by a man convicted on terrorism charges who claimed MI5 was complicit in his alleged torture by Pakistan’s intelligence service.”

Full story

The Guardian, 26th June 2013

Source: www.guardian.co.uk

Legal aid cuts: What has changed? – BBC News

“Significant changes to civil legal aid in England and Wales came into effect on 1 April 2013, as part of a plan to reform the system and save £350m a year.”

Full story

BBC News, 18th June 2013

Source: www.bbc.co.uk

Secret Courts – BBC Unreliable Evidence

“Leading human rights barrister Dinah Rose challenges cabinet minister Ken Clarke over the Government’s extension of the use of secret courts.”

Listen

BBC Unreliable Evidence, 5th June 2013

Source: www.bbc.co.uk

The Regan reforms – New Law Journal

Posted May 31st, 2013 in civil justice, expert witnesses, fees, news by sally

“Dominic Regan is in the mood for change post-Jackson.”

Full story

New Law Journal, 30th May 2013

Source: www.newlawjournal.co.uk

Unite Against the Cuts – Criminal Law and Justice Weekly

Posted May 30th, 2013 in civil justice, Law Society, legal aid, news by sally

“Lucy Scott-Moncrieff urges you to join the fight.”

Full story

Criminal Law and Justice Weekly, 25th May 2013

Source: www.criminallawandjustice.co.uk

Alison L. Young: Fact/Law – a Flawed Distinction? – UK Constitutional Law Group

Posted May 21st, 2013 in civil justice, criminal injuries compensation, news, Supreme Court, VAT by sally

“If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their Swiss Army knife, and the Dr has his sonic screwdriver, lawyers have the multi-purpose malleable ‘law/fact’ distinction which is just as capable of opening or closing avenues of review, or providing a deus ex machina ‘get out of jail free’ card – or so a perusal of two recent decisions of the Supreme Court might have us believe.”

Full story

UK Constitutional Law Group 21st May 2013

Source: www.ukconstitutionallaw.org

Balance of Competences Review: Call for Evidence on Civil Judicial Cooperation (including family matters) – Ministry of Justice

Posted May 20th, 2013 in civil justice, consultations, EC law, news by sally

“The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU.”

Full story

Ministry of Justice, 16th May 2013

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

Your views wanted for EU review on civil and family justice – Ministry of Justice

Posted May 17th, 2013 in civil justice, consultations, EC law, news by sally

“Lawyers, business groups and the public are all being asked to submit their views on the balance of competences between the UK and the European Union on civil judicial cooperation (including family matters).”

Full story

Ministry of Justice, 16th May 2013

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

From Barretry, Maintenance and Champerty to Litigation Funding – Lord Neuberger, President of The Supreme Court

Posted May 10th, 2013 in barristers, civil justice, judges, legal aid, speeches by sally

From Barretry, Maintenance and Champerty to Litigation Funding (PDF)

Lord Neuberger, President of The Supreme Court

Harbour Litigation Funding First Annual Lecture, 8th May 2013

Source: www.supremecourt.gov.uk

Legal aid cuts risks damaging civilised society, warns senor judge – Daily Telegraph

Posted May 10th, 2013 in barristers, civil justice, dispute resolution, judges, legal aid, news by sally

“Cuts to legal aid risk damaging the ‘essence of civilised society’ the country’s highest judge warned as he said everyone should have access to justice.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

‘Secret justice’ message from leading judges – BBC News

Posted May 3rd, 2013 in civil justice, contempt of court, judges, news, practice directions by tracey

“Leading judges have issued a strongly-worded message against secret justice to
protect a ‘fundamental principle’ of the court system in England and Wales.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

Judicial review controls unveiled – BBC News

Posted April 23rd, 2013 in civil justice, fees, immigration, judicial review, news, planning by sally

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

Full story

BBC News, 23rd April 2013

Source: www.bbc.co.uk

Public access rules approved by LSB – Bar Standards Board

Posted April 2nd, 2013 in barristers, civil justice, Legal Services Board, news by sally

“The Legal Services Board (LSB) has today approved the removal of two rules around public access work that will promote greater access to justice. At the same time the BSB is strengthening the training that all public access barristers are required to undertake.”

Full story

Bar Standards Board, 28th March 2013

Source: www.barstandardsboard.org.uk