RAAC-related court closures
A Guardian journalist spends a day at Blackburn Magistrates Court to highlight the confusion caused by closures to courts in Blackpool and Preston due to reinforce autoclaved aerated concrete (RAAC).
Law Society president Nick Emmerson is mentioned saying the RAAC-related closures “only compound the unacceptable delays faced by victims and defendants” and discusses the exodus of legal advisers and poorly paid defence solicitors.
Churchill v Merthyr Tydfil County Borough Council ruling
Global Legal Post, Gazette, Legal Futures, New Law Journal and Local Government Lawyer cover our role in the Court of Appeal handing down a much-anticipated ruling in the case of Churchill v Merthyr Tydfil County Borough Council.
President Nick Emmerson said: “The Law Society strongly believes that non-court based dispute resolution will usually be in the best interests of the parties, but has always had real reservations about a blanket rule making any form of such process mandatory.
“This judgment reflects those reservations in that it recognises that in some circumstances it may be contrary to a party’s right of access to the courts to compel them to engage in a non-court based dispute resolution process. We welcome the court’s clear guidance as to when and how judges should intervene to encourage non-court based resolution of disputes.”
Whiplash backlog
The Gazette covers our reaction to the backlog of whiplash cases, as the Ministry of Justice investigates why 385,000 claims appear to have stalled in the whiplash portal.
President Nick Emmerson said: “We welcome the acknowledgement of this problem and the MoJ’s commitment to work to understand it better.”
Axiom Ince fallout
Global Legal Post reports that the Solicitors Regulation Authority (SRA) has ruled out an immediate levy on practitioners in response to the Axiom Ince fallout, though a hike in contributions is still possible next year.
Law Society chief executive officer Ian Jeffery said: “We maintain that the solicitor profession must be consulted before any decision is made by the SRA on its future approach to such exceptional compensation questions, given that our members would be required to pay for it.”
OBR analysis of Autumn Statement
Today’s Family Lawyer and Solicitors Journal continue coverage of our concerns over further cuts to the justice system, as the Office for Budget Responsibility (OBR) analyses the Autumn Statement.
Law Society president Nick Emmerson said: “Chronic shortages of judges and lawyers mean there isn’t enough capacity to cover all the cases and some of the courtrooms they sit in are falling apart.
“The OBR’s report highlights the strain on public services including the Crown Court backlogs hitting a record high of 65,000 in August this year.
“There’s little hope of the government achieving its target of cutting the backlog to 53,000 by March 2025 unless it invests in justice now.”
Inheritance law
Gary Rycroft, a member of our council membership committee, advises Telegraph (£) readers about turning down an inheritance.
Also worth a read:
- Solicitors rank high on government’s list of ‘AI impacted’ jobs – Gazette
- New figures show that there are six times more newly homeless families than new social houses in England – Guardian
- Criminal bar chief welcomes decision to scrap imprisonment for public protection (IPP) sentences - Gazette
- Prime Minister responds to record high migration numbers - Guardian
- National Trade Standards (NTS) instructs sellers and estate agents to meet with conveyancers earlier in the property exchange process – Legal Futures
- COP28 begins in Dubai – Sky News
- International development minister, Andrew Mitchell, ready to fly to Rwanda to keep asylum deal on track – Telegraph (£)