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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 Thus the Department of Health’s proposals regarding clinical negligence costs should be withdrawn and fed into Lord Justice Jackson’s recently published review of fixed costs.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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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