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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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