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04 August 2023 / Roger Smith
Issue: 8036 / Categories: Opinion , Profession , Procedure & practice
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Facing facts on court modernisation

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Will the courts & tribunals modernisation programme end up a victim of its own overambition? Roger Smith cuts through the government hype to find the facts

The House of Commons Public Accounts Committee (PAC) and the National Audit Office (NAO) are the heavyweight enforcers of governmental financial accountability. As a civil servant or minister, you really do not want to mess with either. Their job is to scrutinise the execution of government policies on the basis of ‘just the facts’—and, more particularly, the figures behind the facts. Not for them the artful seduction of loquacious hype. And, despite a lot of precisely that sort of guff from the Ministry of Justice (MoJ) and HM Courts & Tribunals Service (HMCTS), both auditing bodies have maintained a sceptical focus with regards to the courts and tribunals reform programme—as maintained in the latest report of the PAC published in June.

The reports of both bodies are all the more powerful for the predominance of understatement. Here is the NAO in its latest report

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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