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Civil way: 29 November 2024

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29 November 2024
Issue: 8096 / Categories: Features , Procedure & practice , Civil way
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Financial remedy copy; Civil legal aid eligibility; Secret commission; Interim costs whopper; Right to Buy hit

SNIFFING AROUND WITH NOTEBOOK

The reporting pilot scheme which has been embracing financial remedy proceedings at the Central Family Court and in Birmingham and Leeds hit the Royal Courts of Justice on 11 November 2024. More concerning is that the pilot was extended to public and private law cases before magistrates in all 19 current pilot areas from 4 November 2024.

BETTER THAN NOTHING

The Ministry of Justice’s legal aid means test review which closed two and a half years ago led to the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 (SI 2024/1074) limping into force on 20 November 2024. On the civil side, they will let in a modest number of applicants who have been shut out on eligibility grounds, and transitional provisions allow those funded with contributions to seek a reassessment. A series of mandatory disregards is introduced and amended (such as infected blood and modern slavery

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MOVERS & SHAKERS

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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