Justice Secretary says it would be wrong for him to push for more rape prosecutions – The Independent

‘Labour accuses Robert Buckland of U-turn after he says he will not use his political position to urge more prosecutions and convictions.’

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The Independent, 20th June 2021

Source: www.independent.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

Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

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St Philips Barristers, 4th June 2021

Source: st-philips.com

Small claims court delays continue to increase – Litigation Futures

‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’

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Litigation Futures, 7th June 2021

Source: www.litigationfutures.com

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

Rape cases in England and Wales will be hit hard by backlog, says police chief – The Guardian

‘Rape and domestic violence cases in England and Wales will be among the worst hit from the growing backlog in the judicial system, and trials could soon start collapsing because of severe delays, the new crime commissioner for England’s second biggest force has warned.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

Day to day data on remote hearings in the family courts – Transparency Project

‘HM Courts and Tribunals Service have recently published statistics about the number of hearings conducted remotely, ie by audio, video or on paper, compared with physical in-person hearings, over the course of the coronavirus lockdown. The statistics cover civil and criminal cases as well as family law cases, but it is possible to extract from them a picture of how the family justice system, in particular, has responded.’

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Transparency Project, 4th June 2021

Source: www.transparencyproject.org.uk

Non-party access to court documents – OUT-LAW.com

Posted May 21st, 2021 in chambers articles, courts, documents, news by tracey

‘People or organisations who are not a party to a piece of litigation (non-parties) in England and wales can obtain copies of some documents relating to civil proceedings that are held at court. Depending on the type of document requested, the permission of the court may be required. Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.’

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OUt-LAW.com, 20th May 2021

Source: www.pinsentmasons.com

Government considers plans to create national hub for court judgments – Law Society’s Gazette

Posted May 10th, 2021 in artificial intelligence, courts, judgments, Ministry of Justice, news by tracey

‘Plans to create the first single comprehensive repository of England and Wales court judgments are being considered by the government, the Gazette understands. Such a service, run by the National Archives, would publish almost every decision made by courts and tribunals, unlike the current selective system run by the British and Irish Legal Information Institute (BAILII).’

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Law Society's Gazette, 10th May 2021

Source: www.lawgazette.co.uk

Nicholas Reed Langen: Confronting Climate Change in the Courts – UK Constitutional Law Association

‘Talk is cheap. Governments, particularly wealthy, western ones, have been quick to make promises on climate change. They swear blind that they understand the threat the world faces, and that they will implement a policy response commensurate with it. Few nations have adopted this rhetoric as determinedly as the UK, with the British government promising to transform the UK into a net-zero country by 2050, an oath enshrined in law through the passing of the Climate Change Act 2008 (Order 2019) by Parliament in the summer of 2019.’

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UK Constitutional Law Association, 27th April 2021

Source: ukconstitutionallaw.org

Covid-19 and the courts – The House of Lords Constitution Committee’s report – Transparency Project

Posted April 14th, 2021 in constitutional law, coronavirus, courts, inquiries, news, select committees by sally

‘In a report published at the end of last month the House of Lords Constitution Committee made a number of criticisms of the way the courts have responded to the coronavirus pandemic and the suspension of live hearings necessitated by the lockdown, and made various recommendations as to the need for more resources to reduce the backlog of cases and create a better justice system for the future.’

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Transparency Project, 11th April 2021

Source: www.transparencyproject.org.uk

The role of courts at the seat of arbitration – Law Society’s Gazette

Posted April 14th, 2021 in appeals, arbitration, case management, courts, jurisdiction, news by sally

‘It is well established in international commercial arbitration that the courts at the seat of arbitration will have supervisory jurisdiction over the arbitral proceedings, including hearing any challenges to the validity of the arbitral award. In the recent case of Minister of Finance (Incorporated) and 1 Malaysia Development Berhad v International Petroleum Investment Company and Aabar Investments PJS [2019] EWCA Civ 2080, the Court of Appeal (Sir Geoffrey Vos, chancellor of the High Court, Newey and Males LLJ) considered the issue of the courts’ powers in section 67 (challenging the award: substantive jurisdiction) and section 68 (challenging the award: serious irregularity) of the Arbitration Act 1996. This article focuses on the Court of Appeal’s important discussion of the role and functions of the court at the seat of arbitration and the impact this has on the law and practice of international commercial arbitration.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.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

HMCTS rolls out on-site rapid testing at four more courts – Local Government Lawyer

Posted March 24th, 2021 in coronavirus, courts, HM Courts Service, news by sally

‘HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.’

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Local Government Lawyer, 23rd 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

Ministry of Justice to consult on judicial review reforms including power to suspend quashing orders, removal of ‘Cart judgments’, and procedural changes – Local Government Lawyer

‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’

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Local Government Lawyer, 19th March 2021

Source: www.localgovernmentlawyer.co.uk

Right to challenge government in courts overhauled – BBC News

‘Plans to change how government decisions are challenged in the courts have been announced by the justice secretary.’

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BBC News, 18th March 2021

Source: www.bbc.co.uk

Lord Chief Justice calls for increase in attendance in person in the courts – Local Government Lawyer

Posted March 18th, 2021 in coronavirus, courts, news, remote hearings by sally

‘Over the next few weeks and months as the number of people who have been vaccinated against Covid increases and restrictions begin to ease across England and Wales, it will be “possible and desirable” to increase attendance in person in the courts where it is safe and in the interests of justice, the Lord Chief Justice has said.’

Full Story

Local Government Lawyer, 17th March 2021

Source: www.localgovernmentlawyer.co.uk

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

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Litigation Futures, 11th March 2021

Source: www.litigationfutures.com