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State of the courts & public services

10 June 2024
Issue: 8075 / Categories: Legal News , Public , In Court , Profession
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Public services including the courts and prisons are performing worse than at the start of the 2019 Parliament and ‘substantially worse’ than in 2010, according to a report by the Institute for Government (IfG)

The paper, ‘General election 2024: the precarious state of the state’, published this week, sets out the challenges facing whoever forms the next government. It warns that ‘growth has stagnated, tax and spend levels are historically high’ and ‘fiscal headroom… is tight’.

On the criminal cases backlog, it notes: ‘Magistrates’ courts initially made good progress working their way through the pandemic-related backlog, reducing it substantially from an all-time high of over 420,000 in mid-2020.

‘However, in 2023 the backlog began to grow again, rising 10% from March to December. The sharp rise towards the end of the year suggests this may be driven by the ongoing capacity crisis in prisons, which has caused some hearings to be delayed.

On the Crown Court, it states ‘the situation is even worse… The backlog now stands at 67,573, over three quarters (78%) higher than on the eve of the pandemic and the highest on record.

‘Taking account of the greater complexity of cases in the backlog, we calculate this to be the equivalent of 95,045 cases. The backlog has continued to grow since pandemic restrictions were lifted in 2021 and strike action by criminal barristers was resolved in 2022.

‘The root cause of this growing backlog is declining efficiency in the courts. A lack of legal staff, poor-quality infrastructure and less time spent actually in hearings have all contributed to this. “Ineffective trials”, where a trial is scheduled and then rearranged on the day, have risen dramatically and made up more than a quarter of all Crown Court trials in 2023, up from 15% in 2014.'

Emma Norris, IfG deputy director, said: ‘Few newly elected prime ministers will have had to take on such a long and painful list of problems. Many will require immediate attention, not least to rescue services on the brink of collapse. Almost all—from stagnant growth to a fragile civil service—will require serious reform over the next Parliament and beyond.’

Issue: 8075 / Categories: Legal News , Public , In Court , Profession
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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
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A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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