Justice Matters

The Jackson reforms will bring about radical changes in civil justice. In the first of three features, Stuart Sime examines the balancing of costs and justice and explains the new rules  

1 April 2013 is the implementation date for a range of reforms implementing the key recommendations made by Sir Rupert Jackson in his Review of Civil Litigation Costs  (Final Report, Ministry of Justice 2009). These are the most significant changes in civil justice since the introduction of the Civil Procedure Rules in 1999. 

Neil Smith, Janna Purdie and Virginia Jones summarise the Jackson reforms and set out the key changes for practitioners  

On 1 April, Lord Justice Jackson’s costs reforms are due to be implemented and the effects will be keenly felt by all in the legal market. 

The difficulties of identification evidence are well known. Nöel Sweeney examines how these difficulties increase when animals are involved, and asks ... did the lady bite the right dog?  

Identification evidence is the weakest form of evidence that exists. As a result of R. v. Turnbull  [1977] QB 224 a judge has a duty to warn a jury of the dangers of relying on identification. The dangers apply equally to civil and criminal cases. However it is neither fair nor just to limit the protection of the law to a human. 

Demonstrating the nature of his practice and what drives him forward professionally, LALY Legal Aid Barrister of the year, Leslie Thomas, recounts the case of Sean Rigg  

Over the last 23 years I have represented many bereaved families in inquests following the death of a loved member of their family. This is a particular niche given the fact that my practice tends to be death in custody cases, as opposed to more general inquests. The work is fantastic, challenging and always interesting. But it is undoubtedly also very taxing, emotionally draining and energy sapping at times. It is not an area chosen for financial rewards, but the other rewards in terms of career satisfaction are great. 

Following  R v Riat & Others and  R v Ibrahim, Oliver Weetch, who appeared in  Riat for the appellant (Wilson) whose conviction was quashed, considers the law relating to hearsay evidence  

With its recent twin judgements of R v Riat & Others  [2012] EWCA Crim 1509 and R v Ibrahim  [2012] EWCA Crim 837, the Court of Appeal have finally dealt with the fallout from the long running spat over the correct approach to hearsay evidence which had been taking place between the British and European courts. 

David Hislop QC on the consequences of legislation drafted in haste  

On the 18th September 2012 the European Court of Human Rights gave judgment in the case of James, Wells and Lee v The United Kingdom (Applications nos. 25119, 57715/09 and 57877/09) . 

This case is an important reminder for those responsible for the continued detention of long term prisoners that a failure to afford rehabilitation schemes and an effective system of review may lead to findings that the continued detention is unlawful and that compensation is due. 

Charlotte Rachael Proudman on the law surrounding forced marriage and the developments surrounding its criminalisation  

On Friday 8 June 2012 the Government announced that forced marriage will become a specific criminal offence. This follows the announcement in October 2011 that breaches of forced marriage protection orders (FMPOs) will likewise be criminalised. The legislation will not be introduced until the 2013/2014 Parliamentary session. 

The decision to criminalise forced marriage emanates from concerns that the current legal initiatives are not doing enough. Between January and May 2012, the forced marriage unit (FMU) provided advice and support in 594 cases and the numbers of reported instances increase each year. In addition to forced marriages occurring in Britain, the UK’s embassies and high commissions continue to rescue British victims who are forced into marriages overseas, and repatriate them back to the UK. Research carried out by the Department for Children, Schools and Families’ estimated that the ‘national prevalence of reported cases’ of forced marriages in England was between 5000 and 8000. 

Neelam Sarkaria asks whether it is time for the first prosecution under the Female Genital Mutilation Act 2003  

The making of an allegation of Female Genital Mutilation is affected by a number of factors, including cultural taboo and the reluctance to report the crime to the police, especially as other family members may be involved. This makes it even harder for the victim to come forward to report the crime and to make a statement. Criminal justice agencies are working closely together to raise awareness and to ensure that whenever cases are reported, they are thoroughly investigated. Support and protection is also offered to victims and witnesses throughout the criminal justice process. Educating communities to abandon the practice is considered the best way forward to break the cycle of mutilation. 

David Wurtzel examines the giving of evidence by children, their cross examination and section 28 of the Youth Justice and Criminal Evidence Act 1999  

On July 24 we marked the tenth anniversary of special measures, the legislative package which was brought into effect in 2002 in order to improve the quality of evidence of vulnerable witnesses in the criminal courts ‘in terms of completeness, coherence and accuracy’. 

It was therefore an apt time to publish “Children and cross examination: time to change the rules ?,” a book based on papers delivered at an internationally-attended seminar at Cambridge University in April 2011. It is edited by Professor John Spencer and Professor Michael Lamb; Professor Spencer wrote the introduction and conclusion. The underlying issue in the book is the need in England to bring into effect section 28 of the Youth Justice and Criminal Evidence Act 1999. This is the one special measure still languishing unused on the statute book. It would allow a vulnerable witness’s entire evidence including cross examination to be pre-recorded. The witness would not then have to attend the trial and the whole process would be completed for them much closer in time to the events in question. 

BRINGING JUSTICE HOME

Kate Aubrey-Johnson provides an overview of civil mediation today 

In the past year, mediation was attempted in nearly 12,000 small claims and an estimated 8,000 fast and multi track cases with settlement rates of 68-90% (Small Claims Mediation Service Annual Report, HMCTS, 2011/12; CDER Fifth Mediation Audit May 2012). This is in addition to the many potential civil disputes being resolved using community mediation and mediation schemes. Members of the public and businesses, organisations and public bodies who may otherwise turn to the courts to protect and enforce their rights are discovering that mediation can offer an alternative process which is both empowering for clients and reaches creative solutions not achievable through a contested court hearing.