header-logo header-logo

11 August 2017
Issue: 7758 / Categories: Legal News , Profession
printer mail-detail

Flexible hours fears rage on

Tensions are rising over unpopular proposals for flexible hours in court, despite a senior judge’s attempts to reassure practitioners

Pilots at six courts are planned, with the courts staying open late and judges and staff working in shifts. However, lawyers fear the late hours and unpredictability of timings will wreak havoc on their lives.

Writing in his capacity as ‘judge in charge of reform’, Lord Justice Fulford issued ‘clarifying comments’ at the end of July.

Fulford LJ said he wanted to ‘demystify’ the proposed flexible operating hours pilots, and regretted ‘the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources’. He said: ‘These are pilots—no more, no less. If the ideas they explore do not pass muster, then they will fade into history.’

In a tersely-worded response this week, however, Andrew Langdon QC, chairman of the Bar Council notes that the misunderstandings and ill-informed comments were ‘understandable, given that there was no consultation paper setting out the proposals in any detail, and they have been developed in a somewhat piecemeal fashion’.

 He points out that barristers are in a better position to understand the impact of shifts in court than anyone employed by HMCTS and asks that their concerns be addressed. Despite repeated requests to HMCTS, he says he has not been provided with the evaluation criteria and therefore is not able to be reassured that it will adequately measure the consequences barristers fear. Moreover, he says there is doubt that the criteria will be available before the first pilot commences in Newcastle.

Langdon warns that the pilot may be distorted by ‘sympathetic listing’, excluding cases where parties object. He reiterates concerns that barristers with caring responsibilities, who are mainly women, will be adversely affected.

He concludes: ‘I hope you did not mean implicitly or otherwise to criticise the Bar Council, or for that matter the CBA [Criminal Bar Association], in raising these concerns, and doing so vocally and vehemently.

‘I wonder if, on reflection, you would be prepared, publicly, to make it clear that you did not mean to suggest that the Bar Leaders who have been grappling with this had been ill-informed or misunderstood?’  

Issue: 7758 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
back-to-top-scroll