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16 February 2018 / Patrick Allen
Issue: 7781 / Categories: Opinion
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Held to account

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Three cases restore Patrick Allen’s faith in civil justice

There are few reasons to be cheerful as we survey the political and economic landscape in 2018, so it is heartening to reflect on three recent judgments from the bench that demonstrate how some parts of our civil justice system continue to function well.

First, the extraordinary judgment in R (Unison) v Lord Chancellor [2017] UKSC 51. This was a 7-0 decision of the Supreme Court, in which it considered the lawfulness of the rise in fees introduced by the government for claimants in the employment tribunal. The fees led to a 70% reduction in new cases.

Lord Reed, giving the lead judgment, emphasised the constitutional importance of the courts, the role of civil justice and the need for unimpeded access to the courts by the people. After citing Magna Carta (‘To no one will we sell, to no one deny or delay right or justice’), he said: ‘The courts exist in order to ensure that the laws made by Parliament, and the common law created by

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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

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Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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