*/
Acknowledging that a “fundamental change is occurring in the role of the State. It is retrenching”, the Lord Chief Justice, Lord Thomas of Cwmgiedd set out some possible options in a speech to the organisation Justice on 3 March. The justice system is “unprotected from the retrenchment”, the cuts are now thought to be something of a third in real terms since 2010 and “the anticipation is that the cuts will be permanent”. In order to maintain the rule of law, justice must therefore be administered “effectively, speedily and impartially in this new age”.
“We can only do that by radically examining how we recast the justice system so that it is equally if not more efficient, and able to carry out its constitutional function. The starting point is that we must be radical in our thinking. Too often in the past there has been an inevitable and not necessarily wrong tendency towards conservatism.”
To that end, he welcomed contributions from Justice, the Bingham Centre for the Rule of Law and other organisations. He has appointed Sir Stanley Burnton to look at “developing practical and innovative proposals” for the civil and family courts. One possible way of dealing with the “significant increase” in the number of litigants in person is to introduce a more inquisitorial form of process where at least one of the parties is not represented.
Experience in the family courts has shown, particularly in disputes over children, that “traditional procedures are not best suited to a dispute between father and mother over a child” where the parents are themselves adversaries in person rather than acting through lawyers.
Meanwhile, Sir Brian Leveson, President of the Queen’s Bench Division, has been asked to “examine ways of streamlining criminal procedure and to report initially on that within nine months”. Lord Thomas cited the example of fraud trials where “there are still major problems in disclosure that seem to indicate that the issues are getting worse rather than improving”. He suggested that we look “radically again” at disclosure and the mode of trial.
He recalled the recommendation of Sir Robin Auld back in 2001 that there should be an “intermediate court between the Magistrates’ Courts and the Crown Court” to deal with “lower-end” but indictable offences. There could be two forms of criminal procedure in the Crown Court, analogous “in intent if not in design to the fast and multi-track in civil procedure”.
For now these are ideas and projects.
While considering them it is worth remembering that “our proper Master is Justice” and that judges and lawyers are the servants of Justice.
To that end, he welcomed contributions from Justice, the Bingham Centre for the Rule of Law and other organisations. He has appointed Sir Stanley Burnton to look at “developing practical and innovative proposals” for the civil and family courts. One possible way of dealing with the “significant increase” in the number of litigants in person is to introduce a more inquisitorial form of process where at least one of the parties is not represented.
Experience in the family courts has shown, particularly in disputes over children, that “traditional procedures are not best suited to a dispute between father and mother over a child” where the parents are themselves adversaries in person rather than acting through lawyers.
Meanwhile, Sir Brian Leveson, President of the Queen’s Bench Division, has been asked to “examine ways of streamlining criminal procedure and to report initially on that within nine months”. Lord Thomas cited the example of fraud trials where “there are still major problems in disclosure that seem to indicate that the issues are getting worse rather than improving”. He suggested that we look “radically again” at disclosure and the mode of trial.
He recalled the recommendation of Sir Robin Auld back in 2001 that there should be an “intermediate court between the Magistrates’ Courts and the Crown Court” to deal with “lower-end” but indictable offences. There could be two forms of criminal procedure in the Crown Court, analogous “in intent if not in design to the fast and multi-track in civil procedure”.
For now these are ideas and projects.
While considering them it is worth remembering that “our proper Master is Justice” and that judges and lawyers are the servants of Justice.
Acknowledging that a “fundamental change is occurring in the role of the State. It is retrenching”, the Lord Chief Justice, Lord Thomas of Cwmgiedd set out some possible options in a speech to the organisation Justice on 3 March. The justice system is “unprotected from the retrenchment”, the cuts are now thought to be something of a third in real terms since 2010 and “the anticipation is that the cuts will be permanent”. In order to maintain the rule of law, justice must therefore be administered “effectively, speedily and impartially in this new age”.
“We can only do that by radically examining how we recast the justice system so that it is equally if not more efficient, and able to carry out its constitutional function. The starting point is that we must be radical in our thinking. Too often in the past there has been an inevitable and not necessarily wrong tendency towards conservatism.”
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
