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04 August 2023 / Roger Smith
Issue: 8036 / Categories: Opinion , Profession , Procedure & practice
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Facing facts on court modernisation

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Will the courts & tribunals modernisation programme end up a victim of its own overambition? Roger Smith cuts through the government hype to find the facts

The House of Commons Public Accounts Committee (PAC) and the National Audit Office (NAO) are the heavyweight enforcers of governmental financial accountability. As a civil servant or minister, you really do not want to mess with either. Their job is to scrutinise the execution of government policies on the basis of ‘just the facts’—and, more particularly, the figures behind the facts. Not for them the artful seduction of loquacious hype. And, despite a lot of precisely that sort of guff from the Ministry of Justice (MoJ) and HM Courts & Tribunals Service (HMCTS), both auditing bodies have maintained a sceptical focus with regards to the courts and tribunals reform programme—as maintained in the latest report of the PAC published in June.

The reports of both bodies are all the more powerful for the predominance of understatement. Here is the NAO in its latest report published in February: ‘HMCTS has a limited understanding of whether

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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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