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Time to shape up?

11 August 2017 / Kerry Underwood
Issue: 7758 / Categories: Features , Profession
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Kerry Underwood recommends some summer reading & top tips for the new Lord Chancellor

Our new Lord Chancellor, David Lidington, faces an unenviable task in dealing with a civil justice system that is in serious difficulty. Low judicial morale and the related inability to recruit judges, stratospheric court fees and seemingly endless and disjointed reviews and reports, Brexit, and a legal profession close to despair are just some of the matters that will require his urgent attention. Here are a few ideas as to how matters could be improved.

Improvement matters

First, only the Ministry of Justice (MoJ), and no other government department, should make proposals for reform of the justice system or the costs regime. Thus the Department of Health’s proposals regarding clinical negligence costs should be withdrawn and fed into Lord Justice Jackson’s recently published review of fixed costs. Anyone on the wrong end of costs orders thinks that they are too high. The Health Department is there to run the health service, not to determine the level of costs it should pay

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The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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