JUSTICE considers that the proposals for reform in Transforming legal aid are ill-considered, rushed and unsupported by evidence. We consider that each of the proposals under consideration by the JCHR will undermine the rule of law and significantly restrict access to justice for individuals without independent means. We are specifically concerned that the proposals to […]
Scottish Government Consultation on Civil Appeals from the Court of Session
September 11, 2013
JUSTICE responded to the Scottish Government consultation on the proposal to introduce a leave requirement for Scottish cases to proceed to the Supreme Court. Currently no equivalent requirement for leave applies to that applicable in England, Wales and Northern Ireland. Instead, appeals must be certified by counsel before being referred. JUSTICE expressed our support for […]
JUSTICE regrets rush-job done on Secret Court Rules
July 8, 2013
JUSTICE considers that the operation of closed material procedures (CMP) is inherently damaging to our system of justice. Their introduction by Part 2 of the Justice and Security Act 2013 (“the JSA”) into civil proceedings is unfair, unnecessary and unjustified. That one party will present his case unchallenged to the judge in the absence of […]
Government basis for legal aid reform ideological: Lord Chancellor tells MPs
July 4, 2013
Reviewing the Lord Chancellor’s evidence in today’s UK Human Rights Blog, our Director of Human Rights Policy, Angela Patrick considers the implications of Mr Grayling’s multiple references to ideology and belief as the basis for the Government’s proposed reforms to legal aid. JUSTICE considers that the proposals in Transforming Legal Aid are rushed, ill-considered and […]
Anti-Social Behaviour, Crime and Policing Bill: JUSTICE submits briefing to the Public Bill Committee.
July 3, 2013
JUSTICE has submitted evidence to the House of Commons Public Bill Committee. Our briefing highlights the deficiencies of the Anti-Social Behaviour, Crime and Policing Bill and provides essential modifications to the Bill’s provisions on anti-social behaviour, extradition and criminal compensation. The Public Bill Committee is currently scrutinising the Anti-Social Behaviour, Crime and Policing Bill and […]
Secret Courts Rules: Civil Procedures (Amendment No.5) Rules 2013
July 1, 2013
On 26 June 2013, the Government tabled the Civil Procedure (Amendment No 5) Rules 2013 (“the Rules”) in both Houses of Parliament. The Rules came into force the following day and will lapse unless approved by both Houses within 40 days. Made pursuant to Schedule 3(3) of the Act the Rules will amend the Civil […]
JUSTICE: Parliamentarians must hold the Lord Chancellor to account on Legal Aid
June 27, 2013
JUSTICE has today welcomed the wide-ranging House of Commons backbench debate on the Government’s latest proposals to restrict access to legal aid in Transforming Legal Aid. However, today we publish our correspondence with the House of Commons Justice Select Committee. We welcome the decision of the cross-party Committee to question the Lord Chancellor about restrictions […]
Closed Material Procedures: JUSTICE regrets the arrival of secret courts wholesale
JUSTICE and others have today written to the press in an open letter, regretting the coming into force of the Justice and Security Act 2013. We regret that the Act will give Government a green light to exclude claimants and their lawyers and their press from any or all part of a case, in violation […]
Supreme Court unanimously affirms human rights protection for troops overseas
June 19, 2013
Today, seven justices of the Supreme Court unanimously reject an attempt by the Ministry of Defence to legally exclude armed forces personnel operating overseas from the protection of the Human Rights Act 1998 (“HRA 1998”). In Smith & Others v Ministry of Defence, families of troops killed in Iraq during operations asked the Supreme Court […]
Smith & Others v Ministry of Defence
JUSTICE intervened in this case to urge the Supreme Court to find that the relationship between the UK and its forces means that they carry the protection of UK law with them overseas, including the human rights protections in the Human Rights Act 1998. The anomalies created by any other conclusion would, in our view, […]