Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Book review: Ombudsmen at the Crossroads

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This is a interesting review of a book by Nick O’Brian and Mary Serevinatne about the now defunct Legal Services Ombudsman (now replace by the Office for Legal Complaints). Written by the current Parliamentary and Health Services Ombudsman, Rob Behrens, both the book and the review offer interesting insight into the role of ombudsmen and how they may better serve the public.

Source: Book review: Ombudsmen at the Crossroads

Written by lwtmp

May 18, 2017 at 9:26 am

Immigration appeals and delays: On the verge of a crisis?

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This links to a short blog article written by Robert Thomas, the leading academic authority on the work of Immigration Tribunals. Analysing recent (December 2016) reports from the Public Accounts Committee and the Justice Select Committee (among others), the note provides evidence that while the number of appeals are declining, the numbers of appeals already in the system awaiting a decision is actually increasing. This seems to be largely the consequence of an over-zealous reduction in the number of Tribunal Judges.

The announcement that the Human Rights Group JUSTICE is embarking on a review of immigration appeals is therefore particularly welcome.

Source: Immigration appeals and delays: On the verge of a crisis?.

Written by lwtmp

May 18, 2017 at 9:24 am

Increasing diversity in the Judiciary

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There has long been a desire to see more female and black and minority ethnic (BAME) people appointed to the judiciary. The present Lord Chief Justice Lord Thomas has promoted a number of initiatives designed to build on work already started by the Judicial Appointments Commission.

In April 2017, the Judicial Diversity Committee of the Judges’ Council published its latest report on progress together with – for the first time – an Action Plan for activities to be undertaken in 2017-2018.

The headline objectives of the Committee are set out in the report as follows:

In the next 12 months, we will –

  • continue our dialogue with BAME lawyers better to understand the barriers they face and identify what more the judiciary can do to support them;

  • work with the Law Society, Bar Council and CILEx to ensure that we are doing all we can to reach the broadest range of talent;

  • encourage more networking among the existing courts and tribunals judiciary;

  • run more workshops to support a greater number of candidates from under-represented groups to prepare for the selection process;

  • further develop our communications to potential candidates and those who have an interest in judicial diversity; and

  • improve the monitoring and evaluation of our initiatives.

While these aims may seem  little bland, detailed reading of the report reveals that there is intended to be an extensive programme of workshops, mentoring, outreach and other initiative designed to encourage those from groups currently under-represented in the judiciary to think about law and a judicial career.

The report also provides a link to a number of judges talking about their experience in becoming a judge – designed to inspire others to contemplate following their path. See https://www.judiciary.gov.uk/about-the-judiciary/judges-career-paths/videos-judges-talk-about-their-judicial-careers/

The report is at https://www.judiciary.gov.uk/publications/judicial-diversity-committee-of-the-judges-council-report-on-progress-and-action-plan-2016-17/

 

 

 

Using UKAJI’s website as a research resource

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Written by lwtmp

March 31, 2017 at 10:24 am

Posted in Uncategorized

Changing the small claims track

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In November 2015, the Government announced that it planned to increase the small claims limit for personal injuries to £5000. Following a consultation on making reforms to soft tissue injury claims (often referred to as whiplash injury) the Government has now (March 2017) decided that while Road Traffic Accident claims for less than £5000 should stay in the small claims track, the small claims limit for other personal injury claims should become £2000. It plans that these new limits should be in effect by October 2018.

The Government is also intending to ban the settlement of whiplash claims unless  medical evidence  is provided of the alleged injury.

For details see https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/593431/part-1-response-to-reforming-soft-tissue-injury-claims.pdf

Written by lwtmp

March 29, 2017 at 3:14 pm

What’s in a name? ‘Business and Property Courts’

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From June 2017, ‘The Business and Property Courts’ will be the new name for England and Wales’ international dispute resolution jurisdictions and will act as a single umbrella for business specialist courts across England and Wales.

This is rather more than a simple re-branding. The main objective of the new arrangements is that it will enable appropriately qualified judges to be deployed more flexibly so that their expertise can be used in whatever forum it is needed.

Business and Property Courts brings under a single umbrella the following existing courts and lists:

  • The Commercial Court (covering all its existing subject areas of shipping, sale of goods, insurance and reinsurance etc.)
  • The Admiralty Court.
  • The Mercantile Court.
  • The Technology and Construction Court (covering all its traditional areas of major technology and construction cases).
  • The Financial List (covering banking and financial markets).
  • The Companies and Insolvency Court.
  • The Patents Court.
  • The Intellectual Property and Enterprise Court (the “IPEC”).
  • The Competition List.

Other courts and lists will be added in future to include the existing business and property cases in the Chancery Division.

There will also be Business and Property Courts in Birmingham, Manchester, Leeds, Bristol and in Cardiff, with expansions to Newcastle and Liverpool likely in the future.

Although the framework will be new, existing  practices and procedures will be retained, at least for the time being.

The details are in https://www.judiciary.gov.uk/announcements/business-and-property-courts-media-release/

Written by lwtmp

March 29, 2017 at 12:26 pm

Administrative justice oversight must continue

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Written by lwtmp

March 15, 2017 at 10:25 am

Posted in Uncategorized