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01 September 2017 / Sir Geoffrey Bindman KC
Issue: 7759 / Categories: Features , Profession
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The Rule of Law fights back

Lord Reed’s masterly analysis in Unison is a triumph for access to justice. But what next, asks Geoffrey Bindman

If, in the words of Abraham Lincoln, government is of the people, by the people and for the people, the independent role of the courts and the judiciary is crucial. The executive functions of government, exercised by the cabinet, moderated only partially by elected members of Parliament, must be carried out lawfully, and it is the job of the judges to make sure they are.

The Supreme Court has now ruled in favour of a challenge by the trade union Unison to the imposition of fees (by the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893)) on those seeking justice in the employment tribunals (see p 11). Its decision to declare charging fees for access to the tribunals illegal is of fundamental constitutional importance. Judges are no longer merely the interpreters of the law. Nor is their responsibility limited to seeing that it is enforced. The law,

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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