Court intermediary numbers to double – BBC News

Posted February 23rd, 2015 in budgets, courts, evidence, news, victims, witnesses by sally

‘The government has pledged to double the number of experts who help vulnerable witnesses and victims in courts in England and Wales.’

Full story

BBC News, 22nd February 2015

Source: www.bbc.co.uk

Online courts: type “J” for “Judge” – Halsbury’s Law Exchange

Posted February 19th, 2015 in courts, dispute resolution, internet, news, reports, small claims by sally

‘Whenever I read stories about IT and the courts system I often get a funny sense of déjà vu (or perhaps copy and paste) but this week I read something that was more genuinely radical.’

Full story

Halsbury’s Law Exchange, 18th February 2015

Source: www.halsburyslawexchange.co.uk

Court guidelines for rape victims ‘are not working’, as study finds aggressive cross-examination and intimidating encounters are still common – The Independent

‘Victims of rape and sexual violence are not being properly protected during trials and should be dealt with in special courts, according to a new study to be published tomorrow. Guidelines meant to highlight the vulnerability of victims and special measures, such as allowing evidence to be given behind screens, “are not having their intended effect”, researchers at Bath University’s Institute for Policy Research warn.’

Full story

The Independent, 8th February 2015

Source: www.independent.co.uk

Profession unites in opposition to “disastrous” court fee rises – Litigation Futures

Posted January 27th, 2015 in consultations, courts, fees, Law Society, news by sally

‘The Law Society has pledged to challenge the government’s decision to introduce enhanced court fees from April and said it will strenuously oppose more planned hikes.’

Full story

Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

Proposals for further reforms to court fees – Ministry of Justice

Posted January 20th, 2015 in civil justice, consultations, courts, fees, news, repossession by sally

‘In Part 1 of the Government response to the consultation ‘Court fees: proposals for reform’, we set out our decision to consider alternatives to the proposed fee increase for divorce.’

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Ministry of Justice, 16th January 2015

Source: https://consult.justice.gov.uk

Enhanced court fees: the government response to part 2 of the consultation on reform of court fees – Ministry of Justice

‘The government response to part 2 of the consultation on reform of court fees and further proposals for consultation.’

Full press release

Ministry of Justice, 16th January 2015

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

Government set to hike general civil application fees – Litigation Futures

Posted January 19th, 2015 in budgets, civil justice, consultations, costs, courts, fees, Ministry of Justice, news by tracey

‘The government has dropped plans for “enhanced” court fees specifically for commercial cases, but is now targeting increased fees for the hundreds of thousands of general civil applications made each year.’

Full story

Litigation Futures, 19th January 2015

Source: www.litigationfutures.com

Court fees: Proposals for reform – Judicial responses – Judiciary of England and Wales

‘Responses of the Lord Chief Justice, senior judiciary and the Civil Justice Council to the Ministry of Justice (MoJ) Consultation on Court fees – enhanced charging.’

Full text

Judiciary of England and Wales, 16th January 2015

Source: www.judiciary.gov.uk

Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review – No. 5 Chambers

‘The ideal judge is a supremely intelligent woman. She is especially empathetic. She has limitless expertise in every field and infinite patience. We can trust her to do right. She is perfect justice. Lets place her on a pedestal.’

Full story (PDF)

No. 5 Chambers, 16th December 2014

Source: www.no5.com

ECHR cases won by UK government show flexibility of human rights system – The Guardian

‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’

Full story

The Guardian, 17th December 2014

Source: www.guardian.co.uk

The Lord Chief Justice’s Report 2014 – Judiciary of England and Wales

‘The Lord Chief Justice has today laid his annual report before Parliament. His report looks back at the past 12 months and explains how the judiciary have administered justice across all jurisdictions by focusing on key priorities.’

Full report

Judiciary of England and Wales, 15th December 2014

Source: www.judiciary.gov.uk

Crown court fees – Law Society’s Gazette

Posted December 2nd, 2014 in courts, Crown Court, fees, news, trials by sally

‘The first change relates to cases when the defendant elected trial and solicitors had been restricted to the fixed fee, even though the Crown did not proceed at all, and the defendant is acquitted on the order of a judge. In these cases, provided the case goes beyond the plea and case management hearing, a cracked trial fee will be paid.’

Full story

Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

Speech by Lord Chief Justice: Cardiff Business Club – Judiciary of England and Wales

Posted December 1st, 2014 in civil justice, courts, criminal justice, devolution, judiciary, legal aid, speeches, Wales by tracey

‘Speech by The Right Hon. The Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales at the Cardiff Business Club on 3 November 2014.’

Full speech

Judiciary of England and Wales, 27th November 2014

Source: www.judiciary.gov.uk

Terror law watchdog calls for court role in temporary exclusion orders – The Guardian

Posted November 27th, 2014 in bills, courts, human rights, news, terrorism by sally

‘The lack of any effective check or court oversight of the home secretary’s new powers to impose temporary exclusion orders for up to two years on British citizens returning from Iraq or Syria has been strongly criticised by the official counter-terror law watchdog.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk

Supreme Court stresses importance of compliance with court orders – Litigation Futures

Posted November 27th, 2014 in appeals, courts, default judgments, news, royal family, Supreme Court, witnesses by sally

‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’

Full story

Litigation Futures, 27th November 2014

Source: www.litigationfutures.com

Merris Amos: The UK and the European Court of Human Rights – UK Constitutional Law Association

Posted November 25th, 2014 in constitutional law, courts, human rights, judgments, news by sally

‘Now that the furore of the Scottish independence referendum has passed, the attention of politicians and media has once again turned to the dangers of the European Court of Human Rights (ECtHR). In his speech to the Conservative Party Conference in late September, Prime Minister David Cameron stated that the ECtHR needed “sorting out”. Three examples of its judgments were used to support this point: the prisoner voting litigation; the limits on deporting suspected terrorists, including Abu Qatada; and the extension of the HRA to the “battle-fields of Helmand”, an issue which the ECtHR has not directly adjudicated upon although it has given judgments concerning events in Iraq. Shortly after, the Conservative Party released its proposals for changing Britain’s human rights laws. Central to this is altering the relationship between the UK and the ECtHR so that its judgments are no longer binding over the UK Supreme Court and that it is no longer able to order a change in UK law. As any law student will know, this would be a waste of time as neither is currently possible in our dualist legal system. The judgments of the ECtHR are only binding in international law. To support these proposals, five examples of ECtHR judgments are given: prisoner voting; artificial insemination rights for some prisoners; limits on the deportation of foreign nationals who have committed crimes; and limits on the deportation of foreign nationals generally. The fifth example is the recent judgment on whole life tariffs which was misleadingly and erroneously portrayed as a decision that murderers cannot be sentenced to life imprisonment. It is clear that the Conservative Party is not expecting to receive votes from prisoners (who have no vote anyway), foreign nationals or members of the armed forces who also enjoy the protection of human rights law on the “battle-fields of Helmand”.’

Full story

UK Constitutional Law Association, 24th November 2014

Source: www.ukconstitutionallaw.org

A prisoner’s right to vote: straining European relations – Cloisters

Posted November 18th, 2014 in courts, elections, human rights, news, prisons by sally

‘In this article, I argue that there is an urgent need for a more rational approach to the debate about prisoners’ rights to vote – which has become an emotive issue in the United Kingdom. This is particularly so in light of the recent response from the United Kingdom government to ECtHR rulings, demonstrating an unparalleled defiance towards Strasbourg rulings. Due to this, the implications of the debate over prisoners’ voting rights extend beyond individuals, bringing into sharp focus a matter of broader significance to us all, namely the United Kingdom’s approach to democracy and human rights and its relationship with the European Court and the EU itself.’

Full story

Cloisters, 13th November 2014

Source: www.cloisters.com

‘Wholly antiquated’: lord chief justice on court technology – LegalVoice

‘Our “antiquated” courts faced “severe crisis” without significant investment, the lord chief justice said yesterday. Lord Thomas of Cwmgiedd offered journalists a judicial perspective on the financial pressures being imposed upon the courts at his annual press conference.’

Full story

LegalVoice, 13th November 2014

Source: www.legalvoice.org.uk

Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

Full story

Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

Family Drug and Alcohol Court: A Practitioners’ and Judge’s Perspectives – Family Law Week

Posted November 4th, 2014 in alcohol abuse, care orders, courts, drug abuse, family courts, news, rehabilitation by sally

‘Sarah Jennings & Esther Lieu, 3PB, with District Judge Julie Exton look at the Family Drug and Alcohol Court.’

Full story

Family Law Week, 31st October 2014

Source: www.familylawweek.co.uk