Law Society Legal News Summary 08 December 2023


Emergency legislation 

The Independent (£), Daily Mail, Evening Standard, Gazette, Gazette Ireland, Local Government Lawyer, Eastern Daily Press, Asian Image, Yahoo and 340+ regional outlets report our reaction to the emergency legislation introduced by the government as it tries to revive its Rwanda scheme following the Supreme Court ruling it was unlawful. 

“The UK government is seeking to overturn an evidence-based finding of fact by the Supreme Court and shield itself from accountability under both domestic and international law through this legislation,” said Law Society of England and Wales president Nick Emmerson.

“For the second time this year and by its own admission, the government is unable to guarantee the Bill will be compatible with the European Convention on Human Rights.

“The Rwanda scheme has never been the answer to tackling the asylum question. The government is risking the UK’s international reputation and its standing in the world to deliver a plan that can, at best, be described as gestural.”

Read our press release
 

Judicial review 

Solicitors Journal looks ahead to next week’s judicial review hearing over criminal legal aid rates. 

Law Society president Nick Emmerson said: “Lord Bellamy’s report – which was published more than two years ago – set out the ‘parlous’ state the profession was in. Yet, the then Lord Chancellor, Dominic Raab, chose to ignore his key recommendation of a minimum rates rise to keep the profession afloat. 

“The government refused to mediate leaving us with no choice to continue this fight on behalf of our members in the courtroom. 

“We hope the High Court will recognise that Dominic Raab’s decision was irrational and give the new Lord Chancellor the opportunity to reconsider it. 

“It’s not too late for the government to take the steps needed to make this work financially viable for defence solicitors and help ensure access to justice remains open to all.”
 

Court backlogs 

John McQuater, chair of the civil justice committee, speaks to Sky News about the outstanding case backlog in the county courts. 

“Civil claims matter a lot to those concerned and it should matter more broadly as well. An effective justice system is pretty important for everyone.”
 

Judges at risk of harm 

The Law Society has added its voice to claims that a surge in litigants in person is placing judges at greater risk of physical attack, report the Gazette

Law Society President Nick Emmerson said: “We are extremely sorry to hear of the attack of the family court judge in Milton Keynes it is sadly another example of how lack of investment has put the system under extreme pressure and exposes how the safety of those working as part of the justice system continues to be at risk. 

“With analysis showing the Ministry of Justice could face further cuts, the impact of this on an already overstretched and understaffed justice system are unthinkable.”
 

Also worth a read:

  • How the Rwanda Bill will work – Telegraph (£)
  • Sunak urges MPs to back Rwanda asylum plan – BBC
  • MP’s bill against SLAPPS – Guardian
  • New solicitor general has been named – Gazette
  • 20 claimant law firms attend High Court – Global Legal Post
  • Wait times make UK a third rate justice system – Solicitors Journal

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