Court closure plans will not achieve the desired savings, says CILEx

CILEx has warned the government that closing 91 courts and tribunals in England and Wales will lead to increased delays, diÿculties and costs – making expected savings unlikely. The consultation response says: ‘Increased travel times will impact upon non-attendance , thereby increasing waiting times, adjournments, or decisions being taken with only one party to the proceedings present. This will impact on the quality of decisions, and the likelihood of further appeals, leading to increased hearing numbers and costs.’

The response also raised concerns that closures will make it nearly impossible for some people to access justice. The consultation paper stated that 95% of people would be able to drive to their nearest court within an hour; however, CILEx members have given real examples of where closures will have a disproportionate impact, where public transport is the only means of getting to court.

One CILEx member said: ‘If [someone in Macclesfield] needed to be at court 30 minutes early for a 10am hearing, they would have to leave their homes at 6.45am to get two buses into Manchester for this time.’

CILEx acknowledges the planned technological reforms that may reduce the need for all court users physically to attend court hearings; however, it expressed concern that closures would be implemented before technology made this viable, in effect, putting the cart before the horse. (See also page 35 of this issue).

• Proposal on the provision of court and tribunal estate in England and Wales: A response by the Chartered Institute of Legal Executives, available here 

New chairperson for CILEx Regulation

Sam Younger CBE has been appointed chairperson of CILEx Regulation. Sam will oversee the work of CILEx Regulation as it expands regulation of specialist legal businesses and legal professionals authorised for the new suite of independent practice rights in the full range of legal services. He will oÿcially take up his post as chairperson of the CILEx Regulation Board on 1 November 2015. An interview with Sam Younger will be featured in a future issue of CILEx Journal.

Regulators issue QASA consultation

The legal regulators CILEx Regulation, the Bar Standards Board and the Solicitors Regulation Authority (also known as the Joint Advocacy Group (JAG)) have just launched a new consultation as they prepare for the implementation of the Quality Assurance Scheme for Advocates (QASA). The consultation, which seeks responses on minor changes to QASA, is the first phase of the implementation of the scheme following the decision by the Supreme Court in June that the system is lawful (R (Lumsdon and others) v Legal Services Board [2015] UKSC 41.

JAG confirmed that it is aware of the Ministry of Justice (MoJ) consultation paper on a package of proposals to maintain standards of criminal advocacy (see News in brief ). ‘Maintaining standards is a core regulatory responsibility, and [we] welcome the focus that the MoJ is giving to this issue. It is critical that JAG ensures that QASA is ready to be implemented in order to complement any panel scheme that the Legal Aid Agency or other agencies such as the Crown Prosecution Service may need to operate from the perspective of purchasers of legal services. The JAG consultation is a key part to getting QASA ready for immediate implementation.’

A JAG spokesperson said: ‘We are committed to implementing QASA as soon as possible. The consultation is the first phase of that implementation. More detail will be provided in due course about how advocates can register.’

• Quality Assurance Scheme for Advocates, available here. The consultation period ends on 24 December 2015.

Lord Bach leads legal aid review

Lord Bach, the shadow justice minister, has been asked to carry out a review into legal aid with immediate effect. The review process will look at the wider consequences of the coalition government’s reforms and ‘put forward policy proposals for reforming legal aid for the 21st century’ . Karl Turner, the shadow solicitor general and shadow justice minister, also joined the Opposition’s justice review team to work on legal aid and criminal justice issues.

Lord Bach said: I’m delighted to have been asked to carry out this review. Access to legal help and representation is a cornerstone of the rule of law and the mark of a decent society, but the government’s reforms have left too many people unable to enforce their rights. I look forward to working with colleagues, members of the legal profession and those affected by the cuts to address this crucial issue.’

Negligence and Damages Bill seeks ‘fairness for families’ 

The Negligence and Damages Bill, calling for greater fairness for bereaved people and victims of psychiatric harm, was introduced in the House of Commons by Middlesbrough MP Andy McDonald in October.

Andy McDonald’s Private Members’ Bill will change the law by extending the statutory list of relationships in which it is assumed there is a ‘close tie of love and affection’ . It will also extend the list of family members who should be eligible for bereavement damages to include, among others, civil partners and children over the age of 18. The bill also addresses long-standing concerns about how people are treated when they suffer psychological illness after the needless death or serious injury of their loved ones The law in this area emerged after the Hillsborough disaster 26 years ago, and has remained unchanged ever since.

‘Some aspects of the law affecting people who have been injured or bereaved through no fault of their own are out of date and unjust, and my bill aims to address this,’ said Andy McDonald.

‘The law in England and Wales treats bereaved families like second-class citizens. Most people agree that there is a fairer and more sensible way to do things, and this is what my bill aims to do. It’s about justice and making the law fit for purpose.’

The bill is supported by national not for profit campaign group the Association of Personal Injury Lawyers. ‘In England and Wales the laws which are supposed to help both bereaved families and people suffering from psychiatric harm are woefully inflexible,’ said APIL president Jonathan Wheeler, pictured below.