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Justice in the balance

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Can we save the rule of law, asks Geoffrey Bindman QC

It is tempting to assume the permanent stability of our legal system because it has been entrenched for so long, and it would be wildly alarmist to suggest that we are about to experience the kind of breakdown which has devastated Syria, or which now threatens the people of Egypt. Nevertheless, a series of blows struck by government at those who seek to uphold the rule of law pose a serious potential threat. We need to view them collectively. Consider the following: severe restrictions on the availability of legal aid; increased fees and procedural hurdles for those who seek to assert and defend themselves in the courts, especially when they challenge government decisions; the use of secret evidence which precludes challenge; reductions in legal costs payable to those who bring successful claims; increasing surveillance and access to personal and private information; increasing privatisation of resources with reduced public accountability. These and other measures ostensibly aimed

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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