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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

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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