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09 September 2022
Issue: 7993 / Categories: Legal News , Profession , Criminal , Constitutional law
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Will Truss fix justice crisis?

Lawyers have urged Prime Minister Liz Truss to address the crisis in the justice system, following bad-mouthing of ‘lefty’ lawyers by the previous incumbent and amid a bleak landscape of strikes, case backlogs and severe court delays

Truss, who took office this week, served as Justice Secretary for 11 months from July 2016 in Theresa May’s government, so should be familiar with issues affecting the legal profession although there have been four Justice Secretaries since her tenure. Former Justice Secretary, Dominic Raab, lost his post this week with barrister and former Northern Ireland Secretary Brandon Lewis taking over the role. Former Attorney-General Suella Braverman has been appointed Home Secretary.

Law Society president I Stephanie Boyce called on Truss to respect the rule of law at home and with international partners, and to do ‘a complete rethink’ of the Bill of Rights Bill which in its current form ‘would disempower people in Britain while giving the state more unfettered authority’.

Boyce urged Truss to support small law firms faced with rising energy costs, and to ‘immediately implement’ the minimum 15% criminal legal aid rate increase recommended by the Criminal Legal Aid Review.

Criminal Bar Association (CBA) members began an indefinite strike this week over legal aid fees for defence work. Meanwhile, magistrates’ court staff are due to begin nine days of strike action next week over the rollout of HM Courts & Tribunals Service’s ‘Common Platform’ digital case management system, which trade union PCSU officials say is so flawed it is having a ‘negative impact on members’ health, safety and welfare’. The IT system, which has cost £236m as of the end of March 2021, is now live in 143 courts with further rollouts planned up until February.

CBA chair Kirsty Brimelow QC called on the new Justice Secretary to open negotiations with the CBA ‘as soon as they come into office’.

Brimelow said: ‘The current commitment of only 15% increase on fees and only on new cases—where payment will be received at the end of 2023 and beyond—barely earmarks £35m for criminal barristers.

‘There must be a floor that no government can dig below in the future. Barristers in criminal law provide a public service.’

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
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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