Jack Simson Caird: The European Union (Withdrawal Agreement) Bill and the Rule of Law – UK Constitutional Law Association

Posted January 20th, 2020 in bills, brexit, constitutional law, courts, EC law, news, parliament, rule of law by sally

‘The general election on 12 December 2019 has fundamentally changed the political dynamic driving the Brexit process. The European Union (Withdrawal Agreement) Bill (WAB), which will become law before 31 January 2020, has been substantially revised (from the version which was presented in October 2019) to reflect this Government’s approach to Brexit. The Bingham Centre for the Rule of Law has published a report that looks in depth at some of the main Rule of Law issues in the WAB. This version of the WAB indicates that this Government will take a different approach from the previous one in terms of dealing with some of the key constitutional issues arising from Brexit. This post examines some of the Rule of Law implications of the main constitutional issues in the WAB.’

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UK Constitutional Law Association, 16th January 2020

Source: ukconstitutionallaw.org

Bar Council responds to televised court plans – The Bar Council

Posted January 17th, 2020 in barristers, courts, press releases, sentencing, video recordings by tracey

‘Reality TV-style broadcasting of criminals being sentenced comes with risks that need to be guarded against, warns the Bar Council today as the Government looks to make the justice system more open with plans to film Crown Court sentencing.’

Full press release

The Bar Council, 16th January 2020

Source: www.barcouncil.oeg.uk

Serious crime victims wait longer for justice after court days cut – The Guardian

Posted January 13th, 2020 in budgets, courts, delay, Ministry of Justice, news, statistics, victims by tracey

‘Victims of serious crime now wait almost a year-and-a-half for the suspects to go on trial while judges sit “idle” after the government cut their sitting days – despite Guardian analysis finding almost half of all crown courtrooms in England and Wales are empty each day.’

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The Guardian, 13th January 2020

Source: www.theguardian.com

‘McKenzie friends’ must be banned because courts are being overrun by untrained advocates, senior politicians say – Daily Telegraph

‘A new breed of untrained legal advocates who are ripping off the public with “flawed” and “dangerous” legal advice should be banned, lawyers’ leaders and politicians have urged ministers.’

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Daily Telegraph, 8th December 2019

Source: www.telegraph.co.uk

Disclosure pilot for the Business & Property Courts – Counsel

‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’

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Counsel, December 2019

Source: www.counselmagazine.co.uk

Flexible operating hours must stop, says incoming Bar Council chair – Law Society’s Gazette

Posted December 4th, 2019 in barristers, courts, diversity, flexible working, news by tracey

‘Flexible operating hours in courts are “an anathema to those with caring responsibilities” and inhibit diversity at the bar, the incoming chair of the Bar Council has said.’

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Law Society's Gazette, 3rd December 2019

Source: www.lawgazette.co.uk

More barristers to skip court security – but solicitors still have to queue – Law Society’s Gazette

Posted December 2nd, 2019 in barristers, courts, identification, identity cards, news, solicitors by tracey

‘A scheme which enables barristers to bypass court security has been rolled out in 30 more courts – but solicitors still have to undergo searches.’

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Law Society's Gazette, 29th November 2019

Source: www.lawgazette.co.uk

The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019 – Courts and Tribunals Judiciary

Posted November 15th, 2019 in courts, judges, legal history, speeches by tracey

‘The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019.’

Full speech

Courts and Tribunals Judiciary, 15th November 2019

Source: www.judiciary.uk

Court reforms may not be completed in time, PAC warns – Legal Futures

Posted November 6th, 2019 in accounts, courts, delay, HM Courts Service, news, reports, select committees by sally

‘The government’s court modernisation programme may not be completed by the deadline of 2023, the House of Commons public accounts committee (PAC) has warned in its latest report on the project.’

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- Legal Futures, 6th November 2019

Source: www.legalfutures.co.uk

Difficulties in recruiting to District Bench “to have adverse consequences” for civil, family jurisdictions: Lord Chief Justice – Local Government Lawyer

Posted November 6th, 2019 in civil justice, courts, families, news, reports by sally

‘The Lord Chief Justice has warned of “a very worrying shortfall” in the recruitment of salaried members to the District Bench this year, saying that it will have adverse consequences for the family and civil jurisdictions.’

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Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

Chaotic court system threatens justice for vulnerable, say MPs – The Guardian

‘The most vulnerable in society are at risk of being excluded from access to justice due to poor digital skills, lack of legal advice, court closures and “dilapidated” courthouses, MPs have warned in a damning critique of the government’s modernisation programmes.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

‘Hot courting’ is causing havoc, says criminal bar – Law Society’s Gazette

‘So-called “hot courting” is delaying trials and fuelling job insecurity for barristers, the criminal bar has warned. Caroline Goodwin QC, chair of the Criminal Bar Association, said that the practice of different judges using the same courtroom back-to-back has caused backlogs of cases – just for the sake of “saving electric”.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Child sex abuse survivors ‘traumatised again’ by facing attackers in court buildings before hearings – The Independent

‘Survivors of childhood sexual abuse are forced to come face-to-face with their tormentors in court buildings while waiting for cases to be heard, a report has revealed.
Such shocks are among a host of failings by authorities and advisers that are regularly leaving people “at risk of being traumatised all over again” and feeling “discarded” by the justice system.’

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The Independent, 23rd October 2019

Source: www.independent.co.uk

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

Courts chief: closures weren’t based on “real travelling times” – Legal Futures

Posted October 17th, 2019 in budgets, courts, HM Courts Service, Ministry of Justice, news, transport by sally

‘Many court closures in the past have not been based on the real travelling times it would take people to get to an alternative building, the chief executive of HM Courts & Tribunals Service (HMCTS) has admitted.’

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Legal Futures, 17th October 2019

Source: www.legalfutures.co.uk

‘Incomprehensible’ MoJ guides airbrush barristers out, says Bar Council – Law Society’s Gazette

Posted October 14th, 2019 in barristers, courts, criminal justice, Crown Court, news, solicitors by tracey

‘Guides explaining the workings of criminal courts should be corrected “as a matter of urgency” according to the Bar Council, which claims they “effectively airbrush out of history the role of barristers”.’

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Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

Speeches by Sir Ernest Ryder, Senior President of Tribunals: Collaboration, The Governance of Justice – Courts and Tribunals Judiciary

Posted September 24th, 2019 in case management, courts, electronic filing, judiciary, speeches, tribunals by tracey

‘Ombudsman Association Conference – Driving Improvements: Collaboration and Peer Learning (May 2019).’

Full speech

‘Society of Legal Scholars – Implementation and Application of the Law: The Governance of Justice (September 2019)’

Full speech

Courts and Tribunals Judiciary, 20th September 2019

Source: www.judiciary.uk

77 more courts in England and Wales to close – The Guardian

Posted September 13th, 2019 in budgets, courts, delay, HM Courts Service, live link evidence, news, ombudsmen, statistics by tracey

‘Nearly 80 more courts in England and Wales are due to close under a justice transformation scheme that is falling behind schedule, a watchdog’s report has revealed.’

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The Guardian, 13th September 2019

Source: www.theguardian.com

‘Passive’ civil courts urged to improve handling of vulnerable parties – Law Society’s Gazette

‘Rules should be updated, judicial training improved and court rooms rejigged to cater for parties with mental health conditions and other vulnerabilities in civil proceedings.’

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Law Society's Gazette, 5th September 2019

Source: www.lawgazette.co.uk

Criminal cases delayed across England and Wales as courts lie idle – The Guardian

Posted August 20th, 2019 in courts, criminal justice, delay, news by sally

‘Nearly half of all crown courts across England and Wales were left empty on Monday, a survey suggests, even though lawyers say they have never known the backlog of criminal cases to be so bad.’

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The Guardian, 19th August 2019

Source: www.theguardian.com