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17 July 2015 / David Greene
Issue: 7661 / Categories: Opinion
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Mixed messages

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Can a “one nation civil justice process” become a reality in a budget restricted world? David Greene has his doubts

Patrick Allen writes stridently and with passion of the government’s policies and the effect on the justice process, particularly now that the Conservative Chancellor is free of the bonds of marriage to the Liberals (see “The end for civil legal aid?” NLJ, 10 July 2015, p 6 & online at www.newlawjournal.co.uk ).

We have now had two public occasions to gain a measure of the new Government’s approach to both civil and criminal justice—the Lord Chancellor’s speech at the Legatum Institute last month, and the Chancellor’s summer budget.

In his speech—“What does a one nation justice policy look like?”—Michael Gove asserted to paint a picture of the Disraeli proposition of “One Nation Conservatism” as applied to the justice process both in crime and civil justice. I leave to sister publications to comment on the former although we should in no way regard them as unrelated. The changes in criminal justice and the reaction grab the headlines but changes in civil justice affect a greater

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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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