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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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