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26 July 2013
Issue: 7571 / Categories: Legal News
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New court structure?

"Public interest corporation" could take over the courts

The government is considering handing over the running of the courts and tribunal system to an “independent public interest corporation”.

In a letter sent to judges this week, Justice Secretary Chris Grayling, the Lord Chief Justice Lord Judge and the senior president of tribunals Sir Jeremy Sullivan say: “A variety of difficult decisions will be required as to the appropriate level at which fees are set and about how best to deliver access to justice and value for money for the taxpayer.”

They are considering “whether the current structures could be transformed” or “whether an alternative structure, such as a more independent public interest corporation, would better ensure a sustainable future”. The aim would be “to ensure adequate investment and where consistent with the administration of justice, options to generate and retain additional income and capital for investment”.

However, they pledge not to erode the constitutional principles underpinning the administration of justice.

They state: “We are not and will not be exploring any options which will involve shareholders, the making of a profit or surplus or contracting out or profit-making on the basis of judicial and linked administrative functions, other than for the exclusive purpose of investing any surplus into the administration of justice.

“No replacement organisation for HMCTS would be contemplated unless it was a body operated solely in the public interest.”

In May, the Ministry of Justice denied it had plans for the “wholesale privatisation” of the courts and tribunals service. In March, Grayling said the MoJ was looking for ways to “raise the revenue and investment” necessary for modernisation.

Issue: 7571 / Categories: Legal News
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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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