CILEx

Lord Thomas becomes a CILEx Honorary Vice-President

Former Lord Chief Justice Lord Thomas of Cwmgiedd, who is now a CILEx Honorary Vice-President, answers a few questions put to him by CILEx Journal.

About the author
Lord Thomas is Chancellor of Aberystwyth University, Chairman of the Justice in Wales Commission and Chairman of the Financial Markets Law Committee. He is based at Essex Court Chambers.

Reflecting on your time in the law, in what direction do you think the legal services market is heading, and what do you think are the role and opportunities for CILEx and its members?

When great changes occur, as they are occurring in respect of digitalisation, artificial intelligence and Brexit, they provide great opportunities which are there to be seized and great dangers for those who are not bold and innovative. I will deal with Brexit in answer to the next question.

Although it is impossible to predict the scope of the opportunities provided by digitalisation and artificial intelligence, it is already evident that they provide for a much more effective way of running an office, communicating with clients and handling litigation. They also provide ever-increasing opportunities to create the legal support for new products and markets.

Brexit will have a significant impact on the UK’s legal system. What do you think are the opportunities and challenges in the coming years?

The opportunities for the UK legal system are likely to continue to be great. English law is widely used across the world, and our courts and arbitrators are world leaders. As I said in the course of the summer:

... Brexit does not affect the quality or certainty of English law, or the standing of our courts or London's arbitration centres. They remain as before June last year … Our legal profession will continue to be expert and world-respected. Our judges will continue to be drawn from the highest ranks of that legal profession. They will continue to be renowned for their expertise impartiality and integrity. All the key features that made London into the leading centre for dispute resolution will continue unchanged.*

Much is being done to reassure those who use English law, the courts of the UK, and UK arbitrators that Brexit will make no difference. The opportunities worldwide will remain very considerable.

Although the government has helpfully published a paper on what it will seek to achieve in its negotiations with the EU relation to jurisdiction, as I said, it is clearly necessary for the uncertainty in respect of this to be resolved as soon as possible.

It is not possible to assess what the effect on the system will be in respect of other significant issues, such as the ability of UK lawyers to work within the EU. Such an assessment must await the decision of the Government on what they will seek to negotiate and how speedily they can achieve an agreement.

The issue of diversity among the judiciary has gained momentum in recent years. Do you think that Chartered Legal Executives should consider applying for more judicial roles?

There are a number of judicial roles that are open to Chartered Legal Executives. I very much hope that more Chartered Legal Executives would consider applying and, if so, make use of the shadowing and mentoring schemes that are now available. The government is investing around £1bn in modernising the courts and tribunals service. What do you hope are the big changes the public and legal professionals will see? In short, an improvement in access to justice and a reduction in the cost of litigation, especially in low-value claims. The use of up-to-date technology has made a very significant difference in the criminal courts. I have no doubt that a similar significant difference will be made in the civil and family courts, and the tribunals, through the creation of a single IT system backed by a common procedural Code. At first, the IT and the Code will be introduced for simpler and lower value claims, giving the public and the professions a much better way to handle litigation.

Congratulations on your role as Chair of the Commission on Justice in Wales. As Wales becomes an increasingly distinct legal system, what do you think the impact will be on the people and legal professionals of Wales?

Since the Welsh Assembly acquired the power to pass primary legislation, it has legislated in areas such as education, housing and landlord and tenant, and established a different legal regime to that which exists in England. The task for the commission will be to evaluate if changes, both to the justice system in its widest sense and to legal education, need to be made to ensure the best outcome for Wales and its people. It will take into account many matters, including the centrality of justice to any democratic government and society, the desirability of removing the distinction in the governance between the courts and tribunals, the cost implications, and the importance and practicability of what is commonly called cross-jurisdictional practice within a common economic area.

* Speech by the Lord Chief Justice of England and Wales at the Dinner for Her Majesty’s Judges, 5 July 2017, available at: http://tinyurl.com/ycxtd24b