Archive for the 'courts' Category

High Court challenge to court closures – Law Society’s Gazette

“The High Court is set to hear the first of four legal challenges to magistrates’ courts closures, the Gazette has learned.”

Full story

Law Society’s Gazette, 14th April 2011

Source: www.lawgazette.co.uk

European courts face workload ‘crisis’, claims House of Lords – Law Society’s Gazette

“The European Union’s two highest courts are facing a ‘crisis’ in managing their existing and ever increasing workloads, according to House of Lords report published yesterday.”

Full story

Law Society’s Gazette, 7th April 2011

Source: www.lawgazette.co.uk

Clarke announces major overhaul of civil justice – Ministry of Justice

“The first major overhaul of the civil justice system in 15 years and reform of controversial ‘no win no fee’ deals were announced by Justice Secretary Kenneth Clarke today.”

Full press release

Ministry of Justice, 29th March 2011

Source: www.justice.gov.uk

Clarke stamping out compensation culture fears – Ministry of Justice

“Fears that a damaging compensation culture and an unwieldy justice system is costing businesses millions of pounds and deterring deserving individuals from using the justice system are to be tackled under plans announced today.”

Full press release

Ministry of Justice, 29th March 2011

Source: www.justice.gov.uk

The changing face of justice – The Guardian

“The visual vocabulary of courts – rooted in Babylonian, Egyptian, Classical, and Renaissance iconography – provides a transnational symbol of government, and courts have become obligatory facets of good governance. Consider the image of two women: one with scales, sword and blindfold; the other, Prudence, regarding herself in a mirror. Justice was once regularly shown with Prudence as well as Fortitude and Temperance, the four cardinal virtues. We know this imagery of justice because we have been taught it. Rulers regularly link themselves to the virtue Justice as they seek legitimacy for the laws that they make and enforce.”

Full story

The Guardian, 24th March 2011

Source: www.guardian.co.uk

Related link: Representing justice

Proceedings brought by Peñarroja Fa – WLR Daily

Proceedings brought by Peñarroja Fa (Joined Cases C-372/09 and C-373/09); [2011] WLR (D) 98

“A duty entrusted by a court, in relation to specific matters within the context of a dispute before it, to a professional who had been appointed as a court expert translator constituted the provision of services for the purposes of article 50EC of the EC Treaty (now article 57FEU of the FEU Treaty)). The activities of court experts in the field of translation did not constitute activities which were connected with the ‘exercise of official authority’ for the purposes of the first paragraph of article 45EC of the EC Treaty (now article 51FEU of the FEU Treaty). Article 49 EC (now Article 56 TFEU) precluded (a) national legislation under which (i) enrolment in a register of court expert translators was subject to conditions concerning qualifications but (ii) the interested parties could not obtain knowledge of the reasons for the decision taken and that decision was not open to effective judicial scrutiny enabling its legality to be reviewed, inter alia, with regard to its compliance with the requirement under European Union law that the qualifications obtained and recognised in other member states had to have been properly taken into account; and (b) a requirement that no person might be enrolled in a national register of court experts as a translator unless he could prove that he had been enrolled for three consecutive years in a register of court experts maintained by a particular national court, where such a requirement was found to prevent the qualification obtained by a person and recognised in that another member state from being duly taken into account for the purposes of determining whether that qualification might attest to skills equivalent to those normally expected of a person who had been enrolled for three consecutive years in a register of court experts maintained by the member state in which the expert was seeking enrolment. The duties of court expert translators, as discharged by experts enrolled in a national register were not covered by the definition of ‘regulated profession’ set out in article 3(1)(a) of Parliament and Council Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p 22).”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court cases should be on TV, says top civil judge – BBC News

“The top civil judge in England and Wales has suggested televising hearings to increase confidence in justice.”

Full story

BBC News, 17th March 2011

Source: www.bbc.co.uk


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