Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Archive for May 2019

On-line courts come a stage closer: Bill to establish new On-line Procedure Committee

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May 1st 2019 saw an important stage reached in the process of creating more on-line procedures to deal with family, civil justice and tribunals proceedings. The Courts and Tribunals (Online Procedure) Bill was introduced to House of Lords where it had its first reading.

The Bill, when enacted, will provide for the creation of a new judicially led procedure committee. It will develop special rules to ensure that on-line procedures are easy to use and accessible to the public.

This builds on new processes already introduced such as divorce online and money claims online.

A press announcement is at https://www.gov.uk/government/news/even-more-people-set-to-benefit-from-online-court-reform

 

 

 

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Changing the grounds for divorce – new legislation proposed

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Family lawyers have long argued that the current law of divorce, which requires parties to prove that a marriage has broken down irretrievably and force spouses to provide evidence of ‘unreasonable behaviour’ or years of separation – even in cases where a couple has made a mutual decision to part ways – often exacerbates conflict, rather than reduces it. Although very few divorces are contested by the parties, this practice is known to be misused by abusers choosing to contest a divorce purely to continue their coercive and controlling behaviour.

Following a consultation, in April 2019, the Government announced that it would bring forward a Bill, which if enacted, would change the law.

The key features of the proposed legislation are :

  • the irretrievable breakdown of a marriage will become the sole ground for divorce;
  • instead of a requirement to provide evidence of a ‘fact’ around behaviour or separation, there will be a requirement to provide a statement of irretrievable breakdown;
  • the two-stage legal process, currently referred to as decree nisi and decree absolute, will be retained;
  • couples will have the option of a making joint application for divorce, alongside  the option (existing) for one party to initiate the process;
  • the ability to contest a divorce will go;
  • a minimum timeframe of 6 months, from petition stage to final divorce (20 weeks from petition stage to decree nisi; 6 weeks from decree nisi to decree absolute), will be introduced.

Proposals for reforming divorce law are always controversial. Critics argue that making it too easy to get a divorce will undermine the institution of marriage. But those who currently deal with divorce on a daily basis see the emotional harm that current arrangements can bring and have broadly welcomed the new proposals.

The Bill will be introduced ‘when parliamentary time permits’.

Further information is at https://www.gov.uk/government/news/new-divorce-law-to-end-the-blame-game which gives links to the consultation on which these proposals are based.

 

 

 

 

Written by lwtmp

May 1, 2019 at 11:39 am

Encouraging Judicial Diversity

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In April 2019, the Judicial Diversity Forum launched a new initiative designed to encourage talented lawyers from the Black and Ethnic Minority community to think about applying to become a judge. The first part of this programme is a series of YouTube videos – which can be watched by anyone interest. A further part of the programme – judge-led discussion group courses – will launch later in 2019.

This is the first joint initiative of the Judicial Diversity Forum, which is made up of the Judiciary, Ministry of Justice (MoJ), Judicial Appointments Commission (JAC), The Bar Council, The Law Society of England and Wales and the Chartered Institute of Legal Executives (CILEx). Forum members are committed to delivering actions that attract applicants for judicial roles from all backgrounds to achieve a more diverse judiciary.

PAJE offers participants from all legal backgrounds the opportunity to develop their understanding of the role and skills required of a judge, through a series of digital resources including 10 short online videos and four podcasts, developed by the Judicial College, which show judges talking about their work and the Judiciary.

These digital resources cover a number of topics such as judgecraft, decision-making, judicial ethics, resilience and equality and diversity.

For further information see https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/diversity/pre-application-judicial-education-programme-paje/

The YouTube videos may be viewed at https://www.youtube.com/channel/UCi3XytDJY8a3I9_vL7A_5SQ
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