A government advisory body published its final recommendations aimed at improving access to justice for consumers and small business bringing collective claims for compensation. The recommendations included: increasing the types of representative bodies that could bring claims; making the judiciary the gatekeeper of the procedure; permitting claims to be brought on an opt-out basis where it was in the best interests of justice; and changing the law to permit the award of aggregate damages.
Source: Improving Access Through Collective Actions: Developing a more effective and efficient procedure for collective actions – Final report, Civil Justice Council (cjc@judiciary.gsi.gov.uk)
Links: Report | CJC press release
Date: 2008-Dec
The government announced that it had decided to give the media the right to report on family court proceedings, reversing consultative proposals made in 2007 to give judges and magistrates discretion on the issue.
Source: Family Justice in View, Cm 7502, Ministry of Justice, TSO (0870 600 5522)
Links: Report | Hansard | MOJ press release | Judiciary press release | Community Care report | BBC report | Telegraph report
Date: 2008-Dec
An article examined whether there was a lack of awareness and confidence in relation to legal issues among people in England and Wales. The results from the English and Welsh Civil and Social Justice Survey illustrated the case for targeted as well as general public legal education initiatives.
Source: Alexy Buck, Pascoe Pleasence and Nigel Balmer, 'Do citizens know how to deal with legal issues? Some empirical insights', Journal of Social Policy, Volume 37 Issue 4
Links: Abstract
Date: 2008-Oct
Researchers examined the outcomes when divorced or separated parents could not agree on contact arrangements for their children and went to court. They looked at how much contact the parents received, and how this compared to what they applied for. They also addressed the perception that non-resident parents as a group were treated unfairly by the courts.
Source: Joan Hunt and Alison Macleod, Outcomes of Applications to Court for Contact Orders After Parental Separation or Divorce, Ministry of Justice (020 7210 8500)
Links: Report | Summary | MOJ press release
Date: 2008-Sep
A paper made a series of recommendations designed to improve access to justice for citizens in England and Wales through collective actions. A generic collective action should be introduced, and collective claims should be capable of being brought by a wide range of representative parties.
Source: John Sorabji, Michael Napier and Robert Musgrove (eds.), Improving Access to Justice through Collective Actions: Developing a more efficient and effective procedure for collective actions, Civil Justice Council (cjc@judiciary.gsi.gov.uk)
Links: Paper
Date: 2008-Aug
A report (by an official advisory body) recommended a series of law reforms designed to improve the resolution of housing problems and disputes.
Source: Housing: Proportionate Dispute Resolution, LC309/Cm 7377, Law Commission, TSO (0870 600 5522)
Links: Report | Law Commission press release
Date: 2008-May
A report said that there were serious questions as to the extent to which community legal advice centres (proposed by the government) would respond to local need. The requirement to target priority client groups was problematic, seemed unlikely to work, and needed serious reconsideration.
Source: Adam Griffith, CLACs: Are They Worth It?, Advice Services Alliance (020 7378 6428)
Links: Report
Date: 2008-May
An article examined the distinction (in both England and Sweden) made between a child's right to representation under public law cases and private law cases regarding legal custody/parental responsibility, residence, or contact – and how far this distinction accorded with the best interests of the child.
Source: Eva Ryrstedt and Titti Mattsson, 'Children's rights to representation: a comparison between Sweden and England', International Journal of Law, Policy and the Family, Volume 22 Number 1
Links: Abstract
Date: 2008-Mar
The government announced (following consultation) plans to simplify family court procedures, including modernization of language.
Source: Press release 22 February 2008, Ministry of Justice (020 7210 8500)
Links: MOJ press release | Consultation responses | Consultation document
Date: 2008-Feb
A report by a government advisory body examined the need for reforming collective redress mechanisms for consumers. It said that class action litigation needed to be expanded.
Source: Rachael Mulheron, Reform of Collective Redress in England and Wales: A perspective of need, Civil Justice Council (cjc@judiciary.gsi.gov.uk)
Links: Report | CJC press release | FT report
Date: 2008-Feb