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16 February 2018 / Patrick Allen
Issue: 7781 / Categories: Opinion
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Held to account

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Three cases restore Patrick Allen’s faith in civil justice

There are few reasons to be cheerful as we survey the political and economic landscape in 2018, so it is heartening to reflect on three recent judgments from the bench that demonstrate how some parts of our civil justice system continue to function well.

First, the extraordinary judgment in R (Unison) v Lord Chancellor [2017] UKSC 51. This was a 7-0 decision of the Supreme Court, in which it considered the lawfulness of the rise in fees introduced by the government for claimants in the employment tribunal. The fees led to a 70% reduction in new cases.

Lord Reed, giving the lead judgment, emphasised the constitutional importance of the courts, the role of civil justice and the need for unimpeded access to the courts by the people. After citing Magna Carta (‘To no one will we sell, to no one deny or delay right or justice’), he said: ‘The courts exist in order to ensure that the laws made by Parliament, and the common law created by the courts themselves, are applied and enforced... In order for

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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