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17 July 2015 / David Greene
Issue: 7661 / Categories: Opinion
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Mixed messages

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Can a “one nation civil justice process” become a reality in a budget restricted world? David Greene has his doubts

Patrick Allen writes stridently and with passion of the government’s policies and the effect on the justice process, particularly now that the Conservative Chancellor is free of the bonds of marriage to the Liberals (see “The end for civil legal aid?” NLJ, 10 July 2015, p 6 & online at www.newlawjournal.co.uk ).

We have now had two public occasions to gain a measure of the new Government’s approach to both civil and criminal justice—the Lord Chancellor’s speech at the Legatum Institute last month, and the Chancellor’s summer budget.

In his speech—“What does a one nation justice policy look like?”—Michael Gove asserted to paint a picture of the Disraeli proposition of “One Nation Conservatism” as applied to the justice process both in crime and civil justice. I leave to sister publications to comment on the former although we should in no way regard them as unrelated. The changes in criminal justice and the reaction grab

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MOVERS & SHAKERS

Trowers & Hamlins—Rahul Sagar

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Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

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Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

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Commercial and technology team in Cambridge strengthened by partner hire

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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