Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Transforming the English Legal System: Family Justice

leave a comment »

The Consultation Paper, Transforming our Justice System, has little to say on further reforms to the Family Justice system.

It has been undergoing radical change over the last few years, following publication of the report by David Norgrove and the creation of the single family court. The Government clearly wants work in progress to continue.

Progress with these reforms is kept under active review by the President of the Family Division, Sir James Munby, who now issues regular newsletters on developments – the latest is the subject of a separate blog item.

Written by lwtmp

October 5, 2016 at 5:13 pm

Transforming the English Legal System: Administrative Justice

leave a comment »

The Consultation Paper, Transforming our Justice System also has important proposals to make about the tribunals system, though – because the creation of the Tribunals Service in 2007 has already led to considerable structural change – changes to tribunals will be less marked than to the the criminal and civil justice systems.
The Paper states that in line with their principles of a just, proportionate and accessible system, the Government is planning on the following:
i. Streamlining procedures and encouraging a balanced approach: We are
working to simplify our procedures and put entire services online where
possible, carefully designed to be intuitive and easy to follow. Many relatively
straightforward tribunal decisions do not require full physical hearings, so where
appropriate, judges will be making decisions based on written representations,
hearings will be held over telephone or video conference and specially trained
case officers will help cases progress through the system. All of these changes
will make the process quicker and easier to deal with for all parties involved in a
ii. Digitising the Social Security and Child Support Tribunal: This will be one of the
first services to be moved entirely online, with an end-to-end digital process that
will be faster and easier to use for people that use it.
iii. Simplifying panel composition: Another factor in taking a balanced, tailored
approach to tribunal cases is making sure the panels that make decisions in
tribunals are designed to best suit the circumstances of the case. Most tribunals
currently reflect historic arrangements that may be out of date and do not tailor
the expertise of the panel according to the case. We propose to revise the
current arrangements for setting panel composition to make sure that that
appropriate expertise is focussed on those cases that need it. We would
welcome views on how best to achieve this.
iv. Reforming employment tribunals: The Employment Tribunals deal with a huge
volume of claims every year – c. 83,000 in 2015/16. They work on similar
principles to many other tribunals and the civil courts, but currently have an
entirely separate structure, including a specific appeals tribunal. We are
considering whether the new approaches being adopted elsewhere in the
justice system could be applied to the employment jurisdiction.


Written by lwtmp

October 5, 2016 at 5:07 pm

Transforming the English Legal System: Civil Justice

leave a comment »

The Consultation Paper Transforming our Justice System sets out proposals for reform of the civil justice system that build on work undertaken earlier in 2016 by the Civil Justice Council, JUSTICE and Lord Justice Briggs – all of which have been noted in this blog.
The principal features of what is now proposed are:


i. Introducing a new online process for resolving claims: In line with plans across all jurisdictions, we will move more cases away from physical court rooms. Building on Lord Justice Briggs’ proposals in his Civil Court Structures Review we will create a new process to resolve many disputes entirely online, using innovative technology and specialist case officers to progress routine cases through the system and reserving judicial time for the most complex cases. We will create a new, streamlined Rules Committee to design this new system and keep the processes simple. When hearings are required, they may be held over thetelephone or video conference, focusing court resources on the most complex and difficult cases. This will mean that cases should reach a quicker resolution.

ii. Encouraging parties to resolve disputes themselves where possible: We will
increase signposting to mediation and alternative dispute resolution services to
help people avoid court for minor disputes that would be better handled privately,
without needing the court to intervene.
iii. Extending the fixed recoverable costs regime: Fixed recoverable costs are legal
costs which can be recovered from the losing side by the successful party to a
claim, at a prescribed rate. (For civil claims, these are set out in the Civil
Procedure Rules). We will build on measures introduced in the last Parliament for
low value personal injury claims, to limit the level of legal costs recoverable.
These measures provide transparency and certainty for all parties and are
designed to ensure that the amount of legal work done is proportionate to the
value of the claim. We are keen to extend the fixed recoverable costs regime to
as many civil cases as possible. The senior judiciary will be developing proposals
on which we will then consult.
iv. Civil enforcement: We will give the [county court] powers to issue attachment of
earnings orders to the High Court to create a simpler, more consistent approach
to enforcement, and make sure more people can get the money they are owed.
We will also commence the fixed deductions scheme (fixed table) provisions in
the Tribunals, Courts and Enforcement Act 2007 in the County Court and
introduce fixed tables in the High Court, providing transparency and certainty of
the rate of deductions from debtors’ earnings to pay back their creditors.
v. Replacing statutory declarations in county court proceedings with a witness
statement verified by a statement of truth: We will replace outdated and currently
inconsistent procedures, which are inconvenient for people to use and resource
intensive to administer, with a more modern digital approach but keeping strong
penalties where a statement of truth is found to be false.

See chapter 3 in

Transforming the English Legal System: Criminal Justice

leave a comment »

The Consultation Paper, Transforming our Legal System, states, in relation to the Criminal Justice system that, first, the criminal courts should be more flexible. This will be achieved by:
i. Aligning the criminal courts: Magistrates’ courts and the Crown Court deal with
different levels of criminal offence, but they must work better together to provide a
more efficient service. We are working with the judiciary on structural and
procedural changes that will give the senior judiciary clearer oversight of, and
flexibility to manage, judicial leadership in the criminal jurisdiction. This will enable
the Crown Court and magistrates’ courts to operate more closely together –
stronger leadership and alignment will improve court performance for everyone
involved. To support this, we will bring the structures of the courts closer by
reforming existing local justice areas and making it easier to transfer cases between
the Crown Court and Magistrates’ Court when appropriate – starting in the right
place will make the process simpler and easier for victims and defendants.
ii. Making it easier for vulnerable and intimidated witnesses (including victims) to give
evidence: We will roll out the use of pre-trial cross-examination in Crown Court
trials, allowing vulnerable and intimidated witnesses to pre-record their cross-
examination, meaning the witness does not always need to attend the trial itself. A
pilot found that this procedure meant witnesses gave evidence in half the time it
would take at trial. We believe that expanding this will reduce distress for victims
and witnesses and improve their overall experience of the justice system.
Second, the Government wants courts to do more to address offender behaviour. It is proposed that this should be done by:
i.Introducing problem solving courts: We are exploring the opportunities for problem
solving methods further with the judiciary and collecting the evidence base. We are
continuing to trial this approach in locations across the UK.
ii. Using out of court disposals: We will use out of court disposals in appropriate cases,
to help change offenders’ behaviour at the earliest possible opportunity– with swift
and certain consequences for offenders who do not comply with the conditions
Thirdly, the Government is seeking to improve process and technology for more efficient and digital justice. It plans to do this by
i. Streamlining process: We are making changes to the way cases progress through
the criminal courts, including removing unnecessary appearances in court (such as
first appearances in magistrates’ courts for cases which can only be tried in the
Crown Court), introducing a more efficient process to allocate cases to the Crown
Court or magistrates’ courts and allowing simple decisions to be made via a new
online system.

ii. Using technology to make processes more efficient: We will increase the use

of video link and telephone and video conferencing technology to make
hearings easier and more convenient for all, including victims and witnesses
and criminal justice system agencies. We will work with the police to hold bail
hearings by video link from police stations to reduce the need for some
offenders to be held in police cells overnight. In appropriate cases offenders
will be able to plead guilty, be convicted and sentenced all on the same day by
live video link from police stations.
iii. Introducing a new collaborative IT system: The Common Platform is already
being developed to provide a single case management IT system for use
throughout the Crown Court and magistrates’ courts. It will provide access to
case material and information to many agencies within the criminal justice
system as well as the defence, victims and witnesses. Many current paper and
court-based processes will be moved online, saving time and increasing
efficiency for all court users.
iv. Enabling online convictions and fixed fines: For certain routine, low-level
summary, non-imprisonable offences with no identifiable victim, we propose to
introduce a system which resolves cases entirely online. Defendants would log
on to an online system to see the evidence against them before entering a
plea. If they plead guilty, they can opt in to (and can always opt out of) the
online system which allows them to view the penalty, accept the conviction
and penalty, and pay their fine. Cases would be resolved immediately and
entirely online, without the involvement of a magistrate.

Many of these proposals build on initiatives already started. However, the suggestion for more problem solving courts is potentially quite innovative and could lead to significant change to the ways in which the criminal courts have historically operated.

See chapter 2:


Written by lwtmp

October 5, 2016 at 9:54 am

Transforming the English Legal System

leave a comment »

September 2016 saw the publication of an extremely important Consultation Paper, which sets out ideas on how the courts and tribunals system in England and Wales should be reformed.

Its proposals are based on three principles, that the reformed system should be proportionate, accessible and just.

The Paper states:

To deliver a system that is proportionate and tailored for the complexity and
seriousness of individual cases, [the Government is] taking a consistent approach across jurisdictions [i.e., criminal, administrative, family and civil], including:
i. More use of case officers for routine tasks: Judges spend too much of their time
dealing with uncontroversial, routine or straightforward matters which could just as
effectively be dealt with by court staff under judicial authorisation. Where it is
appropriate, specially trained staff will be able to carry out some of this work to
help justice move faster.
ii. More decisions made “on the papers”: Where a case is relatively straightforward or
routine, representations will be made online in writing for a judge to consider
outside of a traditional court room, without the need for a physical hearing,
meaning a more convenient experience for everyone involved.
iii. More virtual hearings: Where a judge needs to listen to the parties make their
arguments, it will be possible in many cases to hold the hearings over telephone or
video conference, without the need for the parties to travel to a court building.
There will still be an important place for physical court hearings for criminal trials
and other serious or complex cases, but where they are appropriate, virtual
hearings offer an easy and convenient alternative for everybody.
iv. More cases resolved out of court: In appropriate cases, we will encourage parties
to settle their disputes themselves, without the intervention of the courts.
The Government wants to make legal processes more accessible and easier for to use, with many  services moving online – for example:
i. Putting probate applications online: Dealing with probate affairs can be difficult and
complicated at a time when people are often coping with bereavement. We are
digitising the probate system to allow the entire process to be managed online,
from application to resolution, making it an easier and faster process when cases
are uncontested.
ii. Managing divorce online: Work has already begun to allow divorce applications to
be made and managed online, removing some of the bureaucracy from often
stressful and lengthy proceedings and simplifying cumbersome administrative
iii. Digitising applications for Lasting Powers of Attorney: Allowing people to make
arrangements for a time in the future when they may not be able to make
decisions by themselves is a helpful but often emotionally stressful process.
Applications have been partially digitised since 2014, resulting in fewer application
forms being returned because of errors. We will build on this by making the system
fully digital to deliver a quicker service.
Across the board, the Government wants to simplify forms and make processes more
straightforward so they are easier for everyone to understand. Many of these changes are designed to bring the justice system up to date for the modern world and take advantage of advances in technology to provide a faster,more accessible service for users of the courts and tribunals.
It is important, however, any unintended effects of this technology are taken into account to make sure that the system remains just. Thus the Government intends to:
i. Provide a system that works for everyone: Digital and online processes are easy
and efficient for many people, but the justice system must also work for people
who do not or cannot access services online. We must provide an alternative route
of access for every service that moves online. ..
ii. Continue to ensure open justice: It is a core principle of our justice system that
justice is open. “It is not merely of some importance, but of fundamental
importance that justice should not only be done, but should be manifestly and
undoubtedly seen to be done,” as Lord Chief Justice Hewart said in 1924. The
principle of open justice will be upheld and the public will still be able to see and
hear real-time hearings, whilst we continue to protect the privacy of the vulnerable.
Most of these changes build on initiatives that are already underway. What is important about this new Consultation Paper is that it is being jointly promoted by the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals.
I set out in separate blog items the sections of the Paper on each of the different parts of the justice system.
The paper is not open for consultation for long. To read the paper and find the questions to which the government is seeking answers go to

Written by lwtmp

October 5, 2016 at 9:31 am

Diversity in the Judiciary

leave a comment »

For a number of years, it has been accepted that there should be greater diversity among the judiciary. The gender and ethnicity of the judiciary should broadly reflect the gender and ethnicity of the population as a whole. There has been considerable effort to more the judiciary away from their ‘white, male, upper middle class’ image.

The present Lord Chief Justice is determined that progress towards a more balanced judiciary should be advanced. The latest Judicial Diversity Statistics, published in July 2016, indicate that some progress has been made.

The headline findings are that in April 2016:

  • The number of woman Court of Appeal Judges remains the same as last year at eight out of 39 (21 per cent).
  • Twenty two out of 106 High Court Judges are women (21 per cent). In April 2015 the number was 21 (20 per cent).
  • In the courts the percentage of female judges has increased from April 2015 to April 2016 from 25% to 28%. In tribunals it remained stable at 45%.
  • The number of female Circuit Judges increased from 146 in April 2015 to 160 in April 2016 (from 23 per cent to 26 per cent)
  • More than half (51 per cent) of the 85 court judges who are under 40 years of age are women (53% last year). In tribunals, 64 per cent of the 56 judges under 40 are women (56% last year)
  • The percentage of judges who identify as Black, Asian and Minority Ethnic (BAME)is 5% in courts (6% last year), and in tribunals 9% (stable since 2015). This is higher for judges under 40 – 8% (6% last year) for courts and 14% (15% last year) for tribunals.
  • A third (34%, compared with 36% in 2015) of court judges and two thirds (65%, compared with 67% in 2015) of tribunal judges are from non-barrister backgrounds. Judges in lower courts more likely to come from a non-barrister background.

The conclusions that may be drawn from these findings is that some progress has been made in the appointment of women as judges; but the numbers of BAME judges remain low.

In order to encourage applications, particularly from women and BAME candidates, the Judges Council has established a Judicial Diversity Committee, which undertakes different events and initiatives to encourage a wider range of candidates to apply for judicial appointment. They have recently published their first report.

Their work includes:

  • sponsoring networking events;
  • running a judicial shadowing programme;
  • appointing judicial role models from the existing bench to provide advice and guidance to potential applicants.

One pilot initiative relates to developing ways to encouraging applications for appointment to the High Court bench from those who have not had practice experience as a barrister, including leading academics.

To see the Judicial Diversity Statistics, go to

The report of the Judicial Diversity Committee is at

Written by lwtmp

September 23, 2016 at 12:33 pm

Fees in Immigration and Asylum appeals: Government proposals

leave a comment »

In May 2016, I noted here that the Government had published a consultation paper on proposals for new fees, to be charged in cases being brought to the Immigration and Appeals Chambers of both the First Tier and Upper Tier Tribunal.

The fees were to be set at a level which would enable the Government to recover the full cost of running those tribunals. Huge increases were proposed.

As might be anticipated, the overwhelming number of those responding to the Consultation were against these proposed changes, arguing that the new fees would act as a significant barrier to access to justice in such cases.

As might also be anticipated, the Government has – in the main – not been persuaded by the arguments made against the proposed fee increases.

In its response to the consultation, published in September 2016, the Government has announced that it will be proceeding with the proposed changes as soon as possible, though the precise dates are not yet determined.

For the full summary of responses to the consultation and the Government statement on polucy development, see


Written by lwtmp

September 23, 2016 at 10:38 am

Posted in chapter 6

Tagged with ,