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Missing: stage one

27 September 2018 / Roger Smith
Issue: 7810 / Categories: Opinion , Technology
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Roger Smith questions why the triage process, vital for the success of the online court modernisation programme, has gone AWOL

Lord Briggs was an inspired choice to send out to prepare the ground for the court modernisation. He produced two thoughtful and well written reports advocating the kind of change that the Ministry of Justice (MoJ) and the senior judiciary of that time wanted. After his opening artillery salvos had levelled the intellectual field, Her Majesty’s Courts and Tribunals Service (HMCTS) arrived with the ground troops to clear up. Alas, in the move to implementation, concepts that he had argued as key were quietly removed. His reports are still brandished as enthusiastic endorsements of a general process even though specific elements of his proposals were countermanded. That raises some wider questions about the nature of the programme and its constitutional accountability.

Small claims & tribunals online

The court modernisation programme endorsed by Lord Briggs is a protean agglomeration of close to 50 different projects that, overall, amount to a revolution in the courts. Each one merits

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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