*/
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.”
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession