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03 September 2021 / Roger Smith
Issue: 7946 / Categories: Opinion , Legal aid focus , Profession
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Levelling up access to justice (Pt 3)

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In the third instalment of this series, Roger Smith tackles access to justice, the courts & the slow march of digitalisation

Let us approach the issue of access to justice, technology and the courts elliptically. We will first digress to a recently published paper from the Bureau of Investigative Journalism: ‘Justice for sale: how London’s legal system courted the global super-elite’ (bit.ly/2VUcge). This reports on the government-led drive to get more Russian and other oligarchs into our courts. The Lord Chancellor wants more glittering bonanzas like Berezovsky v Abramovich [2012] EWHC 2463 (Comm), [2012] All ER (D) 116 (Sep), where any moral unease at the conduct of the parties melts away at the eye-watering size of the lucrative court and lawyer fees. And to achieve this, the courts have to contribute a modern service to commercial standards. We have to ask whether the pitch for remunerative, high-fee international work is being made at the expense of smaller domestic claims. This raises five issues.

Counting the costs

First,

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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