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 Thus the Department of Health’s proposals regarding clinical negligence costs should be withdrawn and fed into Lord Justice Jackson’s recently published review of fixed costs.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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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