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17 January 2021
Issue: 7917 / Categories: Legal News , Covid-19 , Profession
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‘Pause’ courts to stop infections

The Law Society has proposed a two-week ‘pause’ of non-custodial Crown and magistrates’ court work, amid rising fears about the new Coronavirus variant
The Ministry of Justice, responding to a written question last week, has revealed nearly 600 confirmed COVID-19 infections were recorded among judges, jurors, staff or court users between 24 November 2020 and 11 January 2021. See the court-by-court breakdown at: bit.ly/35Kt9b5.

David Greene, the president, wrote to HM Courts and Tribunals Service and the senior presiding judge last week to outline fears about the safety of solicitors and other court users.

‘Since the third national lockdown was announced we have received a significant amount of feedback from our members expressing serious concerns about the safety of court buildings, despite assurances from HMCTS that they are Covid-secure for the new variant,’ Greene said.

‘To date we have welcomed the steps the government has taken to make court and tribunal buildings as safe as possible, however government figures showing a record daily reported 1,564 new fatalities and 47,525 new infections cannot be ignored. By its nature, unless remotely accessed, the court process throws people together in limited space.’

He called for ‘urgent action’ to safeguard court users and justice system professionals. As well as the fortnight’s pause, the Law Society called for a move to video by default in all Crown courts and magistrates’ courts.

Greene said: ‘We recognise that this conflicts with the imperative to mitigate the growing backlog of cases in the courts.

‘However, if the current situation continues, there is almost certain to be a significant loss of capacity due to court closures following outbreaks of Coronavirus, and due to staff, lawyers, judiciary and parties falling sick. We believe the measures we propose represent the least bad option for ensuring that courts can continue to operate safely.’

Issue: 7917 / Categories: Legal News , Covid-19 , Profession
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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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