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29 March 2018 / Andrew Walker KC
Issue: 7787 / Categories: Opinion , Legal aid focus , Profession , Technology
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Court reform: proceed with caution

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Andrew Walker QC reflects on the impact of a lack of consultation & the challenges of rushed court reforms

Those who suggest that the Bar is set against the court reform programme are wrong. There is much that we support, but not all.

When they speak of court reform, many think only of technology or investment in infrastructure, and that will be my focus here, but there are strands to the programme that have little, if anything, to do with these. The aim, for example, to broaden the range of judicial decisions that are made by non-judges (and even non-lawyers), under the ‘supervision’ of judges, is more concerned with greater centralisation of services and with savings in the judicial salaries budget. Whether or not this is truly a matter of ‘reform’, it is critical that judicial decisions should continue to be made by judges, independently from the executive branch of government.

So far as technology and infrastructure are concerned, a sum of around £1.1bn is being spent on this, across many different projects. Significant investment is welcome and much is long

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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