Access to clients in prisons
The FT (£) reports that lawyers are running into “routine obstacles” in attempting to communicate with their clients in prisons in England and Wales.
A report by the Association of Prison Lawyers identified multiple examples of the authorities offering lawyers only “extremely limited” availability for appointments with inmates.
Law Society president Nick Emmerson said the lack of face-to-face interaction was contributing to trial hold-ups “worsening the current court backlogs.”
Laura Janes, the author of the report and a member of our Criminal Law Committee added the analysis found “routine obstacles” in “people getting access to their lawyers, which is a fundamental right.” The difficulties are a sign of “daily headbanging dysfunction” in the justice system.
Sheffield Crown Court
Rother Radio continues coverage of the burst water pipe at Sheffield Crown Court.
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. National figures show the Crown Court outstanding caseload continues to rise, standing at 65,077 in November 2023. The government’s own unambitious target of reducing the Crown Court backlog to 53,000 by March 2025 seems even more unrealistic.
“The cost of repairs to flood damage to Sheffield Crown Court may slow down still further the general renewal of the court estate that is vitally needed to keep the wheels of justice turning.”
Civil Legal Aid Review: Provider survey
The Gazette and Today’s Wills & Probate cover the Ministry of Justice’s provider survey of the civil legal aid market to inform its Civil Legal Aid Review.
Law Society vice president Richard Atkinson said: “The report shows what we already knew, the civil legal aid system is on its knees.
“The people who are affected most by this are families facing eviction, victims of abuse seeking the protection they need or a vulnerable person denied access to the care they’re entitled to.
“Starving the system of resources is penny wise and pound foolish. It would not take a huge sum of money in terms of overall public expenditure to solve this problem, and the savings in other areas from solving people’s problems early would more than offset the cost.
“We urge the government to use this data for its Civil Legal Aid Review and to invest in civil legal aid by ensuring there is a future for this vital public service.”
Courts and tribunal fees
Local Government Lawyer reports on our response to a Ministry of Justice consultation on increases to court and tribunal fees.
The Law Society said: “In principle, we do not oppose a periodic increase in line with inflation, however we're concerned that the government is seeking a 10% increase in court fees while managing an increasingly broken system.
“We're concerned how this may impact the public’s ability to access justice, particularly against a backdrop of high inflation and the cost-of-living crisis.
“If all fees for HMCTS are to be automatically uprated in the justice system, that should apply to all fees and costs, including legal aid and ‘help with fees’.
“Despite the good intentions of the court reform programme, court users and legal professionals have faced growing delays in the court system and increased costs in dealing with inefficient technologies.
“We therefore think the government should bear the cost of the challenges created by the reform programme.”
Read our consultation response in full
King’s Counsel
The Gazette reports that King’s Counsel Appointments has selected 95 new silks, including one solicitor.
Law Society president Nick Emmerson said: “Since 1995, solicitors with higher rights of audience have been eligible to apply for King’s Counsel (KC) status. Approximately 217 solicitors have applied, of whom 65 have successfully been appointed.
“While the number of solicitors applying for KC status reflects the historic division of advocacy work between the Bar and solicitors, we believe the overall number of solicitor applicants and successful appointments – particularly from diverse backgrounds – could be higher.
“Awards must of course be made on merit and the Law Society supports the maintenance of a robust application process. We are committed to seeing an improvement in the statistics of successful solicitor appointments and will continue to work with the KCA on increasing awareness of the steps involved in applying for KC status amongst our membership.
“We are keen to help eligible solicitors demonstrate their unique skills and experience and are calling for greater recognition of these as part of the qualifying process.”
International Day of the Endangered Lawyer
The IBA covers an event marking the International Day of the Endangered Lawyer on 24 January.
Our vice president Richard Atkinson will be speaking at the event, which will be held at Chancery Lane.
Colleague tribute
Canadian Lawyer, Australasian Lawyer, IBA and Global Legal Post continue tributes to Law Society colleague and international legal giant Stephen Denyer.
Law Society chief executive officer Ian Jeffery said: “Everyone at the Law Society is deeply saddened by the passing of Stephen Denyer. Stephen made a wide ranging and enduring contribution to the legal profession both here and abroad over the full length of a very distinguished legal career.
“Stephen was a much-loved colleague and mentor, sharing expertise with and creating opportunities for many colleagues across many organisations, including of course our own. His wisdom and his open and generous spirit will be missed by everyone across the organisation, our membership and the legal community in the UK and internationally.”
Former Law Society president I. Stephanie Boyce said: “Stephen was a staple of the Law Society for so long and will be greatly missed by all those who had the opportunity to know him and work with him.”
Also worth a read:
- Rwanda flights: Home Office hires hangar to practise removing migrants onto planes – Times (£)
- Church of England to back Lords delay to Rwanda Bill – Telegraph (£)
- Axiom Ince: LSB rejects call to make review independent – Legal Futures
- Mail on Sunday libel case: Prince Harry facing £750k legal bill – Telegraph (£)
- Post Office scandal: Fujitsu boss “appalled” courts not told of bugs – Guardian
- Post Office scandal: Analysis of investigations team – Times (£)
- UK General Election: Poll-tracker – FT (£)
- Storm Isha: Live reporting – Telegraph (£) & BBC News