Court modernisation programme delayed
New Law Journal and Legal Futures continue coverage of the announcement that HM Courts and Tribunals Service is extending the timeline of some of its reform programmes and pausing implementation of others as it tackles the court backlogs.
Law Society president Nick Emmerson said: “HMCTS is making sensible decisions about prioritising work.
“Pausing implementation of further phases of the Common Platform project in the criminal courts makes sense because the work involving training judges and lawyers on the updated system would have detracted from tackling the backlogs. Trying to implement major IT changes while dealing with an unprecedented backlog of cases always appeared a questionable approach.
“Extending plans in the civil, family and tribunals to March 2025 means the process may take longer to develop but will avoid costly errors and rework in the long run.”
Concerns over SLAPPs legislation
City A.M., the Gazette, Solicitors Journal and Legal Futures cover our concern about the Private Members’ Bill on Strategic Lawsuits Against Public Participation (SLAPPs), which had its second reading in the House of Commons last week.
Law Society president Nick Emmerson said: “We welcome this Bill and its aim to legislate for the remaining SLAPPs cases not covered by the Economic Crime and Corporate Transparency Act 2023.
“There are, however, areas which require significant modification if the Bill is going to achieve its aim.
“The Law Society represents both claimant and defendant lawyers, so we are well placed to suggest changes to the legislation.
“We also question whether the legislation, as currently drawn, strikes the correct balance between rights to respect private and family life and rights of freedom of expression under the European Convention on Human Rights.
“Our expert SLAPPs working group has identified areas that require further analysis, including whether the definition of a SLAPP should also cover potentially abusive behaviour by the defendant in a case, either in the course of their defence or a counterclaim.”
Access to court documents
The Gazette reports that the Civil Procedure Rule Committee has proposed to widen non-parties’ access to court documents.
Law Society president Nick Emmerson said: “In our response to the Ministry of Justice’s call for evidence on open justice, we explained, at a minimum, that dates, times, court and summary of the proceedings brought should be accessible to non-parties.
“Our members have suggested there is an argument in favour of publishing skeleton arguments and witness statements in higher court cases. These would need to be decided on a case-by-case basis and the best approach would be for the parties or judge to decide what else, if anything, might help better understand the decision.
“An increase in the publication of other court records would involve the redaction of certain content and would, therefore, require sufficient resourcing.”
Disabled court users’ access
The Gazette reports that an aspiring criminal law barrister has launched a court accessibility survey in a bid to create an accessibility map for legal professionals and court users.
A Law Society report from 2022 asked 500 solicitors about their experience in courts and tribunals which found disabled respondents were more likely to feel the court’s physical building (37%) or the technology provided (27%) were not fit for purpose, compared to those without a disability (28% and 21% respectively).
Law Society president Nick Emmerson said: “Our research has found that disabled court users are even less likely to feel physically secure or safe from harm while attending court. Our members have told us that the technology access for disabled people is limited, with tribunals rarely able to provide recordings or transcripts.
“First-hand experience from court users also identified areas that are lacking, including HM Courts & Tribunals Service needing to improve the court estate for disabled people by installing lifts, ramps and private meeting rooms.
“The UK government must collect better data and evidence to address these inequalities – both ensuring physical access to buildings and protection for those using the court estate – and developing services to ensure access to justice.
“We hope this government can look more closely at improving the court estate for all disabled court users.”
Read our report Are the physical buildings and technology fit for purpose?
Disability in the profession
The Gazette Magazine (pgs 17-21) runs an in-depth piece about being disabled in the legal profession.
Reena Parmar, chair of our Disabled Solicitors Network, said: “The legal profession in general is more confident in making ‘hard’ rather than ‘soft’ adjustments, because ‘soft’ adjustments require careful considerations of law firm culture and established team dynamics.”
Chris Seel, diversity and inclusion adviser at the Law Society, added: “Extending the simple question ‘how can we help you’ beyond disabled trainees to everyone at the firm reaps dividends, reducing the stigma for people who need to request adjustments. It also helps to identify best practice for other groups, creating a happier workplace and elevating client service.
“It is a very easy win to include this in interviews and appraisals. But those asking need to know how to respond to the answer or when to take it away and revert.”
LSB publishes report on regulators’ performance
The Gazette runs an in-depth piece about the Legal Services Board’s (LSB) Regulatory Performance Assessment report of eight frontline legal regulators.
Law Society president Nick Emmerson said: “If the LSB’s review were to identify any failings by the SRA before the intervention, it would be appropriate for the ratings given to the SRA to be reviewed.”
Building Safety Act 2022 guide
Today’s Conveyancer covers the guidance we launched to help members involved in flat sales and purchases understand the Building Safety Act 2022.
Also worth a read:
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- Economists warn UK public services will buckle under planned spending cuts – Guardian
- Government urged not to resurrect fees for UK employment tribunals – Guardian
- Justice Minister vows to stamp out scourge of 'gagging laws' – Daily Mail
- ECHR: Half of judges have no experience adjudicating in a lower court – Daily Express
- Shamima Begum: Legal representatives vow to continue citizenship fight – Daily Mail