Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Archive for the ‘chapter 6’ Category

Equal treatment: Guidance from the Judicial College

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It should go without saying that, particularly in the legal arena, those who take part in proceedings before courts and tribunals need to feel that they have been treated equally.

This is, of course, easier said than done, as David Lammy’s report on the Criminal Justice System, published in 2017 showed. (See this blog 29 Sept 2017). But for many years first the Judicial Studies Board and now the Judicial College have offered guidance to judges (and by extension to others involved in the justice system) about the best ways to try to ensure that people are treated fairly.

Much of this focusses on the language that judges and others involved in the justice system use generally (for example in relation to litigants in person) and in relation to those from specific sectors of society, who may be defined by their religion, their ethnicity, their sexual orientation, mental or physical disabilities, their gender.

In February 2018, the Judicial College published an on-line updated revision to its ‘Equal Treatment Bench Book’. Bench books were originally devised as a handy guide to key issues which could sit on the judge’s desk, available for him to refer to it that seemed necessary.

I am not sure whether this particular Bench Book can be used in this way. For one thing, it is very long – well over 400 pages. And the issues raised are such that I would have thought judges would need to have considered them before a case or other proceedings have started. (It would not be desirable for a judge to stop in the middle of a sentence in order to look up how a particular person should be addressed.)

But I don’t agree, as some comments in the press have suggested, that the Equal Treatment Bench Book is an example of political correctness gone mad. It seems to me to be an honourable attempt to raise questions and address issues that arise in practice but that many judges may not have thought about before. (Indeed, I think there are some parts of the book that would be of interest to a wider readership.)

I set out the link to the text here, and invite readers to take a look at the Book and come to their own view on its value.

See https://www.judiciary.gov.uk/wp-content/uploads/2018/02/equal-treatment-bench-book-february-v6-2018.pdf

 

 

 

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Written by lwtmp

April 4, 2018 at 3:19 pm

Practitioners and academics: new alliances

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In my book Introduction to the English Legal System, I argue that legal academics play an important role in the development of our understanding of the law and that their role should be given more recognition than it sometimes has had in the past. (See Chapter 9, section 9.10).

Recently, however, my interest has been stimulated by stories in the professional legal press concerning a rather different collaboration between the world of legal practice and the academic world.

A number of firms, particularly those engaged in personal injury litigation, have been working with academic statisticians  and ‘decision scientists’ to try to understand what are the variables that are in play when litigation is under consideration and thus trying to understand better the risks of taking particular cases on and to predict better the potential outcome of issues that are being litigated. This may help practitioners to decide whether a case should settle, or be fought through to trial.

The firms concerned think this may be beneficial both for small value large volume groups of claims, as well as high value claims. One finding that has emerged from this work is that the models that are being used  suggest that the upper level of the Judicial College Guidelines on damages for different types of injury is almost irrelevant in most cases.

It is possible that this approach might also be used by the Courts and Tribunals service to analyse cases that pass through the courts. It might help, for example, in making determinations on which cases might be suitable for the small claims track or the fast track in the allocation of civil disputes in the county court – a possibility hinted at by Sir Ernest Ryder in a recent speech where he said:

Digitisation will, if we are sensible, provide us with the opportunity to gather data on the operation of our justice systems in ways that we have often been unable to before. It provides us with the opportunity to make our justice systems more adaptive; but again, only after proper scrutiny and discussion.

It seems to me that these initiatives will grow in number in the near future. What will be needed is proper evaluation of these tools to see whether they do in fact assist in both legal and judicial practice, and how they might be developed.

For press reports on these initiatives see https://www.legalfutures.co.uk/latest-news/hodge-jones-allen-embraces-predictive-modelling-pi-work; and https://www.legalfutures.co.uk/latest-news/leading-law-firm-joins-forces-lse-professors-find-ways-predict-litigation.

Sir Ernest Ryder’s speech is at https://www.judiciary.gov.uk/wp-content/uploads/2018/02/ryder-spt-open-justice-luxembourg-feb-2018.pdf

 

Going digital – piloting video hearings

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The Transforming our Justice System reform programme has flagged the possibility of much more use of digital technology in the processing and handling of disputes. Following the announcement at the beginning of February 2018 that it is now possible to start divorce proceedings on-line (see this blog for 2 Feb 2018), we now have a new announcement about how cases might be heard using new technologies

This development, announced on 15 February 2018, concerns the piloting of video hearings in the Tax Tribunal. This initiative will be rolled out in a measured way, with potential participants being asked whether they would like their cases to be dealt with on-line.

It seems that the Tax Tribunal has been chosen for this experiment as it is presumed that many tax cases turn on rather complex points of law, rather than major disputes on questions of fact which might require the presence of parties in the same room.

This new announcement builds on another pilot, which ran in the autumn of 2017 in which a number of case management hearings in the Immigration and Asylum Chamber were dealt with through video hearings. The results of these seem to have been very positive and demonstrate that such issues can be dealt with more efficiently on-line without compromising standards of justice.

HMCTS do seem to be taking a measured approach to these developments, wanting to bring all those involved – judges, practitioners and litigants – with them, to ensure that these developments do meet user needs.

Further announcements will emerge in the months ahead.

To read more about the video Tax Hearing pilot, see https://www.gov.uk/government/news/video-hearing-pilot-launched.

For the HMCTS blog on these developments go to https://insidehmcts.blog.gov.uk/2018/02/15/video-hearings-can-make-a-difference-for-court-and-tribunal-users/

 

 

Written by lwtmp

February 21, 2018 at 11:28 am

Administrative justice: research review

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This links to an important publication from the UK Institute for Administrative Justice:

Research Roadmap: Where we’ve been and where we need to go with administrative justice research

Written by lwtmp

February 1, 2018 at 10:43 am

Posted in chapter 6

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Reshaping the Court estate: a further consultation

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The programme of transformation of the justice system depends on the closure of a significant number of existing court buildings and reinvestment of the savings of running costs and the capital receipts from buildings that have been disposed of in a smaller but more efficient court estate.

In January 2018, Her Majesty’s Courts and Tribunals Service published a Consultation Paper setting out the basic principles on which detailed plans are now being developed. At the same time there were 5 more specific papers setting our proposals for closing courts in a number of areas, including Cambridge, the Thames Valley, London and Lancashire. There is nothing particularly new in this paper, though it does give interesting accounts of a number of initiatives currently on-going to deliver new ways of working in courts and tribunals.

The key aims are that there should be

  • more videolinks and virtual hearings;
  • digital service delivery, with a major reduction in the use of paper files;
  • flexible opening hours;
  • improved service delivery with much more work being undertaken online.

The number of court buildings will be reduced from around 530 buildings (a decade ago) to a total of 239 buildings in 2018. It is accepted that this will lead to some increase in travel time to reach those buildings, but the vast majority will still, according to HMCTS figures, still be within 2 hours travelling distance. As much work will in future be delivered without the need for lawyers and parties to be present in court, it is argued that this will further mitigate any inconvenience. What will be important will be to ensure that cases listed for a particular day are actually dealt with on that day.

The Consultation Paper reminds readers that the transformation policy is designed

  • to enable existing and new buildings to be much more flexible in the ways in which they can be used;
  • to ensure better public facilities – e.g. waiting rooms, rooms for clients to consult with their advisers;
  • to ensure that the vulnerable are able to feel confident about using court facilities;
  • to include of modern ICT to enable more work to be done online
  • to support the needs of all the professionals who use the courts;
  • to move towards an estate that provides dedicated hearing centres, while seeking
    opportunities to concentrate back office functions in a smaller number of centres where they can be carried out most efficiently.

There will be resistance to some of these ideas. For example, the Bar has already argued against more flexible opening hours. It is said that this could be discriminatory against women barristers who may find it hard to take cases outside traditional working hours. While this is an issue that must be addressed, such arguments fail to acknowledge the fact historically the Court Service has only paid lip-service to the idea of delivering a service to court users. Many parties to litigation may find it more convenient to attend hearings outside of 10-4, Mondays to Fridays. The transformation programme provides a challenge to those who work in the courts to consider how they can deliver the service that clients want, when they want it.

The Consultation runs until 29 March 2018. The documentation can be found at https://consult.justice.gov.uk/digital-communications/transforming-court-tribunal-estate/

 

Written by lwtmp

January 19, 2018 at 12:18 pm

New administrative justice oversight body announced

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This Press release and blog confirms the creation of the Administrative Justice Council – the body replacing the Administrative Justice Forum as the oversight body for the Administrative justice system in the UK. It has not yet started work. Progress will be noted here in due course.

UKAJI

UKAJI is pleased to hear that the new Administrative Justice Council has been announced. We have called for a new vision of administrative justice and an oversight body to work closely with UKAJI and other research-focused organisations to ensure that thinking, new initiatives and policy change are informed by empirical evidence. We look forward to working with JUSTICE, Sir Ernest Ryder, and colleagues on the new Administrative Justice Council.

See below for the official press release from JUSTICE and an article in the Law Society Gazette.

6 December 2017 – For immediate release

JUSTICE to host successor to the Administrative Justice Forum

JUSTICE has agreed to host the successor body to the Administrative Justice Forum.
It will be renamed the Administrative Justice Council (AJC) and will continue to advise government departments on administrative justice issues. Lord Justice Ernest Ryder, Senior President of Tribunals, has agreed to be the AJC’s chair.

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Written by lwtmp

December 12, 2017 at 1:22 pm

Posted in chapter 6

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Transforming our Justice System: Transformation – Courts and Tribunals 2022

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Despite the loss of the Prisons and Courts Bill 2017 at the General Election, held in June 2017, work on the Transforming our Justice System programme continues apace. (For those aspects of the reforms which need legislation, a replacement bill is expected shortly.)

Keeping up to date with the progress that has been made is hard, as most of the changes do not hit the headlines in the media. (About the only issue which has been subject to any public discussion has been criticism from the Bar about a pilot trialling the use of courts for longer periods during the day. The criticism focussed almost entirely on the inconvenience this would cause to barristers – no mention of the possibility that the public might prefer court hearings outside the traditional 10-4 Monday-Friday time frame.)

Specific developments can be noted by keeping an eye on Press Releases from the Ministry of Justice. A recent example is the announcement of the opening of the first two Courts and Tribunals Service Centres in Birmingham and Stoke on Trent

See https://www.gov.uk/government/news/first-courts-tribunals-service-centres-launched

A more rolling source of news can be found in the extremely interesting blog relating to the transformation programme – now called Transformation: Courts and Tribunals 2022. This provides news about the new services that are being developed for modernising the courts and tribunals system, both giving  accounts of what is currently on going and also what is planned.

The link to the blog is at https://insidehmcts.blog.gov.uk/category/transformation-courts-and-tribunals-2022/

It is possible to sign up to an email notification service so that you are told when a new blog entry is published.