header-logo header-logo

Justice in the balance

coverimage

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll