Law Society Legal News Summary 17 January 2024


Lady Chief Justice comments on Rwanda fast-track

In her first appearance before the Commons Justice Committee since her appointment, the Lady Chief Justice made comments on the government plans to hire more judges in order to deal with Rwanda asylum claims faster. Independent, Evening Standard, Daily Mail and more than 330 regional publications report.

Law Society of England and Wales president Nick Emmerson said:

"These proposed measures once again illustrate the apparent incoherence at the heart of the UK government’s immigration policy.”

“They do not overcome the fundamental flaws of the Safety of Rwanda (Asylum and Immigration) Bill. Instead, they attempt to deal with some legal challenges more quickly with more judges at a time when the entire justice system is suffering from a lack of judicial capacity.

“This difficult and seemingly ill-conceived bill aims to set a dangerous legal and constitutional precedent by legislating to overturn an evidence-based finding of fact by UK courts. It fundamentally bars access to justice and is unworkable.”

Chris Cole from our immigration committee is quoted in TBC UK covering Rwanda Bill potentially facing legal challenge. 

Inside Housing reports on the financial pressure Leicester City Council faces due to the streamlined asylum process launched by the government last year. 

Council member Jonathan Goldsmith writes in the Gazette about both the Rwanda Bill and Horizon IT scandal, agreeing with both of the Law Society’s positions on these issues respectively.

Post Office scandal

UK Constitutional Law reports that the mass exoneration of postmasters and subpostmasters in the Post Office scandal has raised concerns among judges about parliamentary interference in the courts.

There is crossover with the Safety of Rwanda Bill, which threatens judicial independence as it declares Rwanda ‘safe’ for asylum seekers after the court ruled otherwise.

David McNeill, the Law Society’s director of public affairs and campaigns said: “Asylum seekers who come over on boats may be less sympathetic than the victims of the Post Office scandal in public discourse… [but] there are read-acrosses here about the role of parliament.”

The Post Office legislation was “a dramatic intervention by the government in the independence of our justice system and the judiciary. And we absolutely can’t see that precedent repeated.”

Sheffield Crown Court

Solicitors Journal and Practice Source cover the flood at Sheffield Crown Court which forced it to close last Friday. It is not expected to re-open until Wednesday.

Law Society president Nick Emmerson said: “We are seeing the degradation of the courts estate across England and Wales due to decades of underinvestment.

“Floods, ceilings caving in, broken heating, mould - the list of the examples we hear from our members goes on.

“The shambolic state of our courts contributes to the soaring backlog of cases waiting to be heard and strains to breaking point a criminal justice system that is already on its knees.

“The government's own unambitious target of reducing the Crown Court backlog to 53,000 by March 2025 seems even more realistic.”

Mike Jones, a member of our Criminal Law Committee, added: “It will be impossible for Sheffield Crown Court to utilise the old Doncaster Crown Court, which has only one courtroom as the Doncaster magistrates' have been sitting there for a few months – their building is due to take 9-12 months to fix.

“Sheffield Magistrates' Court limps along and has had regular closures due to unresolved problems with the heating system. We often decamp to the Crown Court as the cells often reach below acceptable temperatures. The structure is generally falling."

CILEX regulation

Today’s Family Lawyer reports about the support CILEX has received for plans to give the SRA power to regulate legal executives. The Law Society’s opposition to this is mentioned.

SLAPPS reform

Gazette mentions the Law Society’s position on SLAPPs as fresh public debate on potential reforms continue to divide the profession. 

Law Society President Nick Emmerson said: “Naturally there is huge interest in the question of SLAPPs reform, and we understand the concerns that media lawyers have. Many Society of Media Lawyers members played an active role in shaping our position through our working group. 

“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.”
 

Also worth a read:

  • Is generative AI the answer to cybersecurity threats? – FT (£)
  • Boris Johnson backs Tory rebels over Rwanda bill – Guardian
  • Plans to fast-track process Rwanda asylum claims include hiring more judges – BBC
  • Civil servants may be ordered to obey govt ministers on Rwanda plans - Telegraph
  • Fujitsu has agreed to contribute to Post Office scandal compensation - FT (£)
  • LCJ tells judges to post-pone court hearings if they feel unsafe - Gazette
  • Barristers quitting criminal practice in droves – Guardian

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