header-logo header-logo

27 March 2008 / Edwina Millward
Issue: 7314 / Categories: Features , Public , Regulatory , Constitutional law
printer mail-detail

A new partnership

Edwina Millward is optimistic that the Ministry of Justice can benefit both the prison service and the courts

Rapid change and the judiciary are extremely rare bedfellows. So, after the attempts by the former lord chancellor, Lord Falconer, to abolish himself in June 2003, the signing of the Concordat in January 2004, the passing of the Constitutional Reform Act in 2005 and then its implementation in April 2006, the judiciary had hoped for a period of consolidation as the lord chief justice settled into his new role as head of the judiciary. However, barely had he assumed his new responsibilities than there were leaks of the possible creation of a Ministry of Justice (MOJ), to include prisons and probation, in place of the much smaller Department for Constitutional Affairs.

For the judiciary, their concerns over the creation of the MOJ were twofold. One was its effect on their independence; clear water had to be placed between Her Majesty’s Court Service (HMCS) as the vehicle through which judges do their business and those

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

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