Law Society Legal News Summary 25 January 2023


Criminal court delays 

Local media outlets, including The Star, Dartmouth Chronicle, West Somerset Free Press, Lancashire Telegraph, Doncaster Free Press and 100+ other outlets have picked up our comments on the criminal court delays after PA media broke down figures by region. 

Law Society President Lubna Shuja is quoted saying: “The latest figures show huge backlogs in our criminal courts and unacceptably long delays for victims and defendants to access justice.

“Our recent report highlighted that the courts themselves are in a shambolic state with leaking toilets, broken heating, sewage, mould and asbestos.

“There aren’t enough judges, there aren’t enough lawyers. Criminal defence solicitors who are the backbone of the system are leaving in their droves after 25 years without a significant increase in their legal aid rates.

“Unless the government is willing to take the problem seriously, we will no longer have a criminal justice system worthy of the name.”

Read our press release

Bill of Rights Bill “belongs in the bin”

Politico carries comment from Law Society President Lubna Shuja on the Joint Committee on Human Rights' verdict on the Bill of Rights, which they today urge the Government to drop. Lubna told Playbook the conclusions “reinforce what solicitors from the City to the frontline of human rights litigation told us — and what the public has told the government loud and clear: this bill belongs in the bin.” 

Criminal law conflict continues

Justice Gap reports that criminal legal aid lawyers are looking to unionise after two practitioner groups met with union leaders last week to discuss legal aid funding and criminal court backlogs.

The piece notes that the Law Society has warned the government it risks a judicial review challenge if it does not increase legal aid rates for solicitors by the minimum 15% recommended by the criminal legal aid review.

High Court appointees 

The Gazette reveals that only two solicitors were appointed in the 2023 appointments round for deputy High Court judges. The piece covers the Law Society’s reaction to this announcement: 

“The fact that fewer than one in 10 judicial appointments came from a non-barrister background serves as a reminder that the selection process needs to be reformed to remove barriers which continue to hold back people from underrepresented groups.

“If the judiciary is to truly reflect our modern and diverse society, outdated practices such as statutory consultation need to be scrapped and the selection process needs to appropriately weigh the experience, skills and qualifications of solicitors.”

Decision on damages in mixed injury cases 

New Law Journal covers the Court of Appeal’s landmark ruling that damages for non-tariff injuries should be valued and awarded independently of tariff injuries. 

The Law Society commented: “Solicitors working in the personal injury space, and their clients, would welcome further guidance about how these damages are to be calculated.

“Without this certainty, claimants who are suffering from mixed injuries will continue to be unclear about the level of damages they are entitled to and it may take longer for them to seek and access redress.”
 

10-minute rule bill on SLAPPs 

Bob Seeley MP struck out at legal bodies, including the Law Society, Bar Council, and SRA during a discussion in parliament on SLAPPs (strategic litigation against public participation), as reported by the Guardian. Quentin Letts also comments in the Times (£). 

Read more about SLAPPs and our work on this issue

Also worth a read:

  • Rise in number of SRA investigations into SLAPPs – Legal Futures
  • UK government let lawyers bypass sanctions for Putin ally - Guardian
  • Labour proposes new security pact between the UK and the EU - BBC
  • Probation Service wrongly assessed Zara Aleena killer - BBC
  • Home Office loses child asylum seekers - Guardian
  • Cultural shift towards mediation – Legal Futures

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