header-logo header-logo

02 December 2016 / Glenn Stanbury
Issue: 7725 / Categories: Features , Profession
printer mail-detail

​The shape of new justice?

nlj_7725_stanbury

Co-operation versus litigation: could mediation be the new & improved face of justice, asks Glenn Stanbury

The question of how readily a party in dispute can obtain justice has been a hot-button topic within the legal profession for many years, and continues to go unanswered. Following the introduction of the Woolf Reforms, the court process was focused on facilitating greater access to justice, and with the introduction of the Jackson Reforms, it was hoped that justice would be obtained at proportionate cost. The reforms introduced off the back of Lord Justice Jackson’s report have been received positively by many, negatively by some, but their impact was, in many respects, curtailed through austerity and legal aid cuts.

Changing landscape

With the landscape behind the reforms changing so dramatically, it could be argued that the impact of these combined ideals of “access to justice at proportionate cost”, is no longer practical to assess, and furthermore, that one must consider whether such aims even remain possible to achieve in view of the “austerity-wise” society the

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—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll