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02 December 2016 / Glenn Stanbury
Issue: 7725 / Categories: Features , Profession
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​The shape of new justice?

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Co-operation versus litigation: could mediation be the new & improved face of justice, asks Glenn Stanbury

The question of how readily a party in dispute can obtain justice has been a hot-button topic within the legal profession for many years, and continues to go unanswered. Following the introduction of the Woolf Reforms, the court process was focused on facilitating greater access to justice, and with the introduction of the Jackson Reforms, it was hoped that justice would be obtained at proportionate cost. The reforms introduced off the back of Lord Justice Jackson’s report have been received positively by many, negatively by some, but their impact was, in many respects, curtailed through austerity and legal aid cuts.

Changing landscape

With the landscape behind the reforms changing so dramatically, it could be argued that the impact of these combined ideals of “access to justice at proportionate cost”, is no longer practical to assess, and furthermore, that one must consider whether such aims even remain possible to achieve in view of the “austerity-wise” society the justice system currently operates in. It is accepted that with

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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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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