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19 December 2022
Categories: Legal News , Profession , Legal aid focus
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State of the courts—leaky, freezing and with dodgy WiFi

One solicitor had a piece of air conditioning fall on their head at a magistrate’s court in Manchester, while another solicitor reports from a London Crown Court that ‘everything is falling apart… ceilings leak, toilets leak… mould everywhere’.

At Birkenhead, ‘half the building has fallen down and the other half is closed due to asbestos’. One Brighton solicitor said: ‘The standards of cleanliness, access to drinking water, heating/air conditioning and physical infrastructure are appalling. Bio security is haphazard or non-existent. Access to internet is not reliable.’

These and other findings are included in a devastating report on the state of court buildings and infrastructure in England and Wales, 'Justice delayed: 5 steps to resolve the backlogs in our courts', published this week by the Law Society. Two-thirds of solicitors responding to a survey have experienced delays in cases being heard in the past 12 months due to the physical state of the courts.

The steps set out in the report are: first, invest in repairing buildings and recruiting enough staff and judges to help prevent delays; second, properly fund legal aid by raising civil rates for the first time since 1996 and implementing the recommended 15% rise in criminal rates; third, fund legal aid for early advice and bring back legal aid for advice on housing, debt, welfare benefits and family law, as this stops large amounts of cases going to court.

Fourth, the Law Society report suggests installing reliable technology to drive efficiency and only rolling out tech once it is known to be reliable—only 13% of respondents in London felt technology was fit for purpose. Solicitors report not being able to link to the network, the sound being too low, and tech experiencing glitches or not working at all.

Fifth, the Law Society calls for better data collection throughout the courts to show where investment or interventions are needed, particularly on the impact of digital tech and remote hearings on justice outcomes.

Lubna Shuja, president of the Law Society, said: ‘The backlog in our Crown Courts stands at more than 62,000 cases, while care cases in the family court take on average 49 weeks to be dealt with.

‘Behind each of these statistics are tens of thousands of people caught in limbo, their lives on hold as they await their day in court.

HM Courts and Tribunals Service is aware the court estate needs fixing and urgently needs to put into practice the steps set out to make that improvement.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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