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08 June 2018 / Roger Smith
Issue: 7796 / Categories: Opinion
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Transforming the courts

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Despite the efforts underway to bring the courts into the 21st century, a wider audit may still be required, says Roger Smith

You can see why ministers would approve the court modernisation programme. It has been set up to have zero financial risk. To put the underlying argument bluntly: overrun on budget? Flog another court. Even so, the National Audit Office (NAO) and now the House of Commons Public Accounts Committee (PAC) are sniffing around with concerns. The former counselled that ‘delivering change on this scale at pace means that the HM Courts and Tribunals Service (HMCTS) risks making decisions before it understands the system-wide consequences’. The latter is just beginning an inquiry to which it has summonsed Richard Heaton and Susan Acland-Hood, the respective heads of the Ministry of Justice (MoJ) and HMCTS.

The concern of the NAO and the PAC is primarily financial. They are worried that the wheeze of court sales will run out of steam and there will be a cost to the treasury after all. As the NAO noted, even in HMCTS

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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