Law Weblog

Judges snub Falconer

At the launch party of the Ministry of Justice (MoJ) on Wednesday 23 May, not one judge turned up.

The judiciary feel it would be wrong to support a ministry that is supposed to uphold the law when the creation of the MoJ department itself may be constitutionally unsound.

They left the champagne swigging to Charlie Falconer and his prison wardens.

“The trouble is I don’t understand the language. I don’t really understand what a website is.”

Judges will often ask counsel what appear to be blindingly obvious questions not because they don’t know the answer but because future generations will not know. So, when a judge asked who Gazza was and who the Beatles were the judges were eliciting an answer for posterity not because he didn’t know.

As protective of our judiciary as one might feel, it appears impossible to find a benign explanation for Judge Peter Openshaw’s when he said, “I don’t really understand what a website is.”

See the full article here.

One night in the court cells costs as much as a Ritz suite

Prisoners are being held in court cells that cost more per night than a suite at the Ritz it emerged as ministers were accused of an “absurd waste of money”.

The Government faced condemnation after it was revealed that 77 prisoners had been forced to use cells in courts since the start of the year at an average cost of £1,800 a night.

Story in the Independent

Small claims for PI will not be raised

Lawyers applauded an announcement from the Lord Chancellor, Lord Falconer, that he would not raise the small claims court limit for personal injury claims.

Lord Falconer told delegates this week at the annual conference of the Association of Personal Injury Lawyers (APIL) that raising the limit “would be reform which does not have the consumer at its heart”.

Incoming APIL president Martin Bare, said “we’re delighted Lord Falconer has recognised that injured people are individuals and their unique needs are not to be treated in the same way as faulty goods.”

The Home Office and the Ministry of Justice start today as separate departments.

The Ministry of Justice is in charge of prisons, probation and sentencing. The Home Office will retain policy for security, crime, drugs, counter-terrorism and ID cards.

The split was deemed necessary after Home Secretary John Reid said a year ago that the Home Office was “not fit for purpose”.

John Reid will head the Home Office and the Lord Chancellor Lord Falconer will head the new Ministry of Justice, formerly the Department for Constitutional Affairs.

Lord Falconer’s new ministry will have to deal with the overcrowding of prisons in England and Wales.

In addition to criticism from political opposition parties the new arrangements has it critics in the judiciary. The judges see the single budget of the new department being competed for by prisons and the probation service, they fear that sentencing will be affected by cost and this they claim this breaches constitutional independence.

Constitutional Reform Act 2005
Senior judges have been openly talking about the “nuclear option”. This would involve the Lord Chief Justice reporting to Parliament that the Lord Chancellor has breached his statutory duty under the Constitutional Reform Act to protect the independence of the administration of justice.

The new Minister of Justice will be subject to regular challenges in the courts, particularly over prisons and penal policy, this, the judges say this may compromise presiding judge who will be ruling on prison matters and against the same minister who is in charge of their budget.

Under the previous arrangement the Home Secretary did not meet judges, but the Lord Chancellor has a constitutional relationship with the Lord Chief Justice under the Constitutional Reform Act 2005 and has to be in constant dialogue over judicial matters.

Judges – Juries – the legal process

Dame Butler-Sloss

Juries outside of the Crown Court hear very few cases; a case of sudden death can require a jury to decide who the deceased was and how death occurred.  Originally, Dame Elizabeth thought she would sit without a jury but she was overruled and this appears to be the start of the problems.

Full press story here.

Civil Procedure Rules (CPR) Part 36: Payments into court and offers to settle

As from 6 April 2007 defendants will no longer be required to make payments into court to attempt to shift the responsibility for costs to the claimant. The defendant must provided the proposal is in writing and specify that it is open for acceptance for at least 21 days.

What happens is; the defendant makes an offer, which the court is unaware of. If at trial the judge makes and award that is less than the offer the defendant pays costs from then on, if the judge makes an award less than the offer the claimant pays.

Tenancy Deposit Protection Scheme good news for students

Students at colleges and universities (and all other tenants) are more likety to get their deposit back when they leave their accommodation. New legislation aims to stop landlords keeping deposits for alleged damage to property or unpaid bills.The enhanced protection comes under the new Government authorised Tenancy Deposit Protection Scheme (TDPS).

From this month all deposits taken by landlords and agents in England and Wales must be protected.
Tenants pay an average of £700 as a deposit on a property. In 2005/06 19% of tenants had their deposit returned in part whilst 11% did not get their deposit returned at all.
From 6 April Landlords and agents will, by law, have to sign up to one of three schemes that have been awarded contracts by the government.

Tenants will be able to check to see whether their landlord has protected their deposit in one of the schemes. If they haven’t done so within 14 days, the tenant can apply to the courts, who can direct the landlord/agent to pay three times the deposit back to the tenant. Each scheme will also include a free, Alternative Dispute Resolution (ADR) service.

More detail here

How much do solicitors earn?

Jim Beresford, 59, took home £16.75 million last year, while his only other partners, his daughter, Esta, 29, and long-term associate Doug Smith, 50, shared £3.7 million.

The family firm, based in Doncaster, South Yorkshire, has been a major player in settling the compensation claims of miners made ill by their years underground.

£15 victim levy on all fines

Since March 207 courts have been able to impose a £15 flat-rate levy no matter how big or small the fine.
The levy goes towards a fund to help improve services for victims of crime.

The Domestic Violence, Crime and Victims Act 2004 intended the levy to “rebalance” the criminal justice system in favour of victims.
The levy is not added to fixed penalty notices.

Some argue that it is a stealth tax which applies to, for example, motorists but not to rapists and burglars who are sent to prison.