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08 June 2018 / Roger Smith
Issue: 7796 / Categories: Opinion
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Transforming the courts

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Despite the efforts underway to bring the courts into the 21st century, a wider audit may still be required, says Roger Smith

You can see why ministers would approve the court modernisation programme. It has been set up to have zero financial risk. To put the underlying argument bluntly: overrun on budget? Flog another court. Even so, the National Audit Office (NAO) and now the House of Commons Public Accounts Committee (PAC) are sniffing around with concerns. The former counselled that ‘delivering change on this scale at pace means that the HM Courts and Tribunals Service (HMCTS) risks making decisions before it understands the system-wide consequences’. The latter is just beginning an inquiry to which it has summonsed Richard Heaton and Susan Acland-Hood, the respective heads of the Ministry of Justice (MoJ) and HMCTS.

The concern of the NAO and the PAC is primarily financial. They are worried that the wheeze of court sales will run out of steam and there will be a cost to the treasury after all. As the NAO noted, even in HMCTS plans, ‘there are gaps in the funding for reforms

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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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