King’s Speech
The New York Times (£) covers our response to the King’s Speech last week.
Law Society president Nick Emmerson said: “The government cannot fix the justice system unless it invests in all of it. Focusing on sentencing alone is not the right approach. The entire criminal justice is fracturing.”
‘No-fault’ evictions and court reform
The Sunday Times (£) runs a piece by Ben Beadle, chief executive of the National Residential Landlords Association, who asserts that while the Renters (Reform) Bill featured in the King’s Speech, one of its key elements, the removal of section 21 ‘no-fault’ repossessions, has been delayed indefinitely.
The justice system, he says, is not working for tenants or landlords. He cites our statistics which show that 42% of the population in England and Wales do not have a local legal aid provider for housing advice and cites our president Nick Emmerson who said the planned changes in the Bill will be “in vain” without investment in legal aid support for renters.
Read about housing legal aid deserts and our press release
Reoffending statistics
Barnsley Chronicle continues coverage of reoffending statistics. 469 of 1,798 adult criminals committed further offences.
Law Society president Nick Emmerson said: “Reoffending is yet another issue that is impacted by systemic underfunding of the criminal justice system.
“To succeed in reducing reoffending rates, there needs to be investment in rehabilitation, particularly in relation to literacy and addiction, and support for those who have offended because of reasons connected with their mental health.
“This investment is likely to pay for itself in terms of reduced crime, reduced numbers of cases coming into the courts and reduced pressure on prisons. It needs to be one part of an overall strategy of investing effectively throughout the system to create a justice system fit for the 21st century.”
Israel-Gaza
The Gazette covers an open letter from 400 hundred lawyers and paralegals about a call for the profession’s legal bodies, including the Law Society, Bar Council and the Chartered Institute of Legal Executives, to condemn “multiple breaches of international law” in the Israel-Hamas conflict.
A Law Society spokesperson said: “The events in the Middle East are a source of grave concern to the international community and we recognise the suffering and distress of people within the region and around the world which flows from these terrible events. We are aware of public statements issued by certain legal institutions with a specific international and human rights remit. Those statements highlight issues of international and humanitarian law that must be respected by all involved.
“Our more limited remit in situations of international conflict is through our Lawyers at Risk programmes. We support legal professionals worldwide who are hindered in carrying out their profession because of the cases they work on or the clients they represent, including through threats, intimidation, disciplinary measures, arbitrary arrest, detention and prosecution, disappearance and murder. In this way, the programme aims to raise awareness of the risks and challenges associated with being a lawyer and highlight the importance of an independent legal profession.
“We have not to date formed the view that a public statement would support the aims of the Lawyers at Risk programme, but we will keep this under review.”
Mistreatment of lawyers in Turkey
Jurist and the Gazette covers the news that a delegation of 27 bar associations, human rights organisations and legal groups, including the Law Society of England and Wales, representing eight countries gathered in Turkey for a fact-finding mission on the Turkish government’s treatment of criminal law and human rights lawyers.
The joint statement said: “We are distressed that lawyers in Turkey continue to face ongoing harassment, arbitrary detention, unfair trials, torture and ill-treatment. Lawyers in Turkey are arrested, detained and imprisoned simply due to their legal work - including clients they represent and professional bodies to which they belong.
“Many of the lawyers we visited in prison are members of the Progressive Lawyers Association (ÇHD) and the People’s Law Office (HHB). They have practised in criminal and human rights law for many years and prove that the Turkish government is systemically targeting lawyers who defend the fundamental human rights of the people of Turkey.”
Read the joint statement in full
Churchill v Merthyr Tydfil
Last week, the Court of Appeal heard Churchill v Merthyr Tydfil, which could have far-reaching implications for the way civil disputes are resolved.
The Gazette Magazine (page 12) examines the case in detail and notes the Law Society’s intervention and our “strong reservations” over whether it is suitable case to challenge Halsey v Milton Keynes General NHS Trust [2004], adding that while “independent” alternative dispute resolution will often be in the parties’ best interests, and compulsory referral will not necessarily be unlawful in all cases, it would be better to such cases to be considered in the round, rather than constrained by the individual facts of the case before the court.
EU equality laws
Yorkshire Bylines covers Max Winthrop, chair of our employment law committee, speaking to Sky News about news that the government has announced plans to reinstate EU equality laws before they expire at the end of the year.
He said: “When we are effectively replicating legislation from the EU, and I can understand why the government have done that because it would not be particularly popular to say ‘let’s scrap maternity rights’, it does leave the big question as to what exactly is it that we’ve gained from leaving the EU.”
SLAPPs
The Gazette runs an in-depth piece looking at Strategic Lawsuits Against Public Participation (SLAPPs), which does not feature in the Media Bill.
It also notes that a representative body for media lawyers has accused the Law Society of advancing a 'one-sided and misleading account' of the issues surrounding SLAPPs.
Law Society President Nick Emmerson said: “The Law Society has to balance its position carefully taking into account the interests of members – both claimant and defendant – access to justice and the rule of law. We’re happy to work with the Society of Media Lawyers to further inform our thinking – just as we are happy to hear all positions.”
Pro Bono Week 2023
Legal Cheek reports that as part of Pro Bono Week 2023, which took place last week, the National Pro Bono Centre has announced a new scheme to encourage retired lawyers to undertake pro bono work.
Law Society board chair Robert Bourns said: “I welcome the launch of this fantastic new initiative amid an increasing need for pro bono legal support to ensure the most vulnerable in our society have access to justice when they need it. I urge colleagues across the legal profession to explore the option to continue to offer pro bono legal help in their retirement.”
Read our press release on Pro Bono Week
Also worth a read:
- Suella Braverman sacked as Home Secretary – BBC
- Rwanda Supreme Court decision is pivotal for Tories – Guardian
- Freshfields investigates slavery links – Telegraph (£)
- Government set to recoup £42m via 10% court fees rise – Legal Futures
- Supreme Court annual report: Number of judgments fall on previous year – Gazette