header-logo header-logo

03 September 2021 / Roger Smith
Issue: 7946 / Categories: Opinion , Legal aid focus , Profession
printer mail-detail

Levelling up access to justice (Pt 3)

56052
In the third instalment of this series, Roger Smith tackles access to justice, the courts & the slow march of digitalisation

Let us approach the issue of access to justice, technology and the courts elliptically. We will first digress to a recently published paper from the Bureau of Investigative Journalism: ‘Justice for sale: how London’s legal system courted the global super-elite’ (bit.ly/2VUcge). This reports on the government-led drive to get more Russian and other oligarchs into our courts. The Lord Chancellor wants more glittering bonanzas like Berezovsky v Abramovich [2012] EWHC 2463 (Comm), [2012] All ER (D) 116 (Sep), where any moral unease at the conduct of the parties melts away at the eye-watering size of the lucrative court and lawyer fees. And to achieve this, the courts have to contribute a modern service to commercial standards. We have to ask whether the pitch for remunerative, high-fee international work is being made at the expense of smaller domestic claims. This raises five issues.

Counting the costs

First,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll