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26 July 2013
Issue: 7571 / Categories: Legal News
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New court structure?

"Public interest corporation" could take over the courts

The government is considering handing over the running of the courts and tribunal system to an “independent public interest corporation”.

In a letter sent to judges this week, Justice Secretary Chris Grayling, the Lord Chief Justice Lord Judge and the senior president of tribunals Sir Jeremy Sullivan say: “A variety of difficult decisions will be required as to the appropriate level at which fees are set and about how best to deliver access to justice and value for money for the taxpayer.”

They are considering “whether the current structures could be transformed” or “whether an alternative structure, such as a more independent public interest corporation, would better ensure a sustainable future”. The aim would be “to ensure adequate investment and where consistent with the administration of justice, options to generate and retain additional income and capital for investment”.

However, they pledge not to erode the constitutional principles underpinning the administration of justice.

They state: “We are not and will not be exploring any options which will involve shareholders, the making of a profit or surplus or contracting out or profit-making on the basis of judicial and linked administrative functions, other than for the exclusive purpose of investing any surplus into the administration of justice.

“No replacement organisation for HMCTS would be contemplated unless it was a body operated solely in the public interest.”

In May, the Ministry of Justice denied it had plans for the “wholesale privatisation” of the courts and tribunals service. In March, Grayling said the MoJ was looking for ways to “raise the revenue and investment” necessary for modernisation.

Issue: 7571 / Categories: Legal News
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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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