Law Society Legal News Summary 28 March 2023


Court delays: Hundreds of rape trials collapsing

Law Society President Lubna Shuja spoke to the BBC News Channel and BBC Two about data from the Ministry of Justice showing the high number of rape and sexual assault cases that have collapsed over five years in England and Wales after complainants withdrew from the process.

Lubna said: “Unacceptable delays, which are the result of years of underinvestment in our crumbling criminal justice system, are undoubtedly one of the reasons why complainants are pulling out of cases.”


Mandatory mediation

Gazette Ireland covers news that separating parents in England and Wales could face fines for refusing to try mediation under new proposals. 

Law Society President Lubna Shuja said early legal advice would help make sure previously unidentified cases are not put forward for mandatory mediation. 

“In some instances, the nature of coercive control in domestic abuse will make this difficult to spot. Early legal advice helps ensure safeguarding issues are flagged and, if necessary, such cases are removed from the compulsory mediation track,” she added. 

Karen Dovaston, Chair of our Family Law Committee, also spoke to BBC Newcastle (from 2:43:10) about why mandatory mediation could put victims of coercive control at risk.

 Read our press release


Marking Ramadan at work

Shaheen Mamun, one of our Social Mobility Ambassadors, writes in the Gazette about the work law firms can do to be understanding and accommodating of their Muslim colleagues during the month of Ramadan.

Court reform

Today’s Wills and Probate covers our response to HM Courts and Tribunals Service’s update on the court reform programme.

Law Society President Lubna Shuja said: “We are reassured to see HMCTS has listened to our and other stakeholders’ concerns in their work to modernise and redesign court services.

“Mistakes were made early on and HMCTS’ acknowledgement that it tried to ‘change too much, too quickly’ should help restore some confidence in the next steps of the reform.”

Read our press release

Planning reform focus on ‘beauty’

Local Government Lawyer reports the Law Society’s response to a Department for Levelling Up, Housing and Communities' consultation seeking views on their proposals to update the National Planning Policy Framework, and the effectiveness of other policies in relation to the wider aims of government.

We warned proposals that put an emphasis on "beauty" in planning decisions may affect the predictability of outcome and “will not only cause problems for local authorities and the planning process,” but may also create more opportunities for challenge, thereby slowing down the planning system and courts.

Read our response

Also worth a read:

  • Israel halts judicial reform amidst protests – Gazette
  • Illegal Migration Bill debated in Parliament – BBC News
  • New powers for landlords on the horizon – Guardian
  • Plans to re-house Afghan refugees – Times (£)

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