Flickr/Nick Garrod.Some rights reserved.Unlike his predecessor, our new Lord Chancellor is already signalling a principled approach to the need to repair our failing judicial system. In his speech on 23 June to the Legatum Institute he spoke eloquently in praise of the rule of law – “the most precious asset of any civilised society … which protects the weak from the assault of the strong; … which makes sure that when those who hold power abuse it, they can be checked; ... and which guarantees the essential liberty which allows us all as individuals to flourish.” He went on to remind his audience of our good fortune in the reputation of our independent judiciary, the quality of our barristers and solicitors, respect for due process and the absence of corruption in our courts and tribunals which “have all made England and Wales the best place in the world when it comes to resolving matters by law.” As a result of the latter, he points out, “we as a nation earn over £20 billion a year from the provision of legal services.”
Yet he recognises “a dangerous inequality at the heart of our system … While those with money can secure the finest legal provision in the world the reality for many of our citizens is that the justice system is failing them badly”. He blames this situation on antiquated working methods and “grotesque inefficiencies”, ignoring the adverse impact of the savage cuts imposed by his government and its predecessors.
Recently (New Law Journal, 29th May) I wrote about the proposals published earlier this year by a working party of Justice (of which I was a member) under the title “Delivering Justice in an Age of Austerity”. The context is the very crisis to which Michael Gove refers, in particular cuts to legal aid, to the staffing and resources of the administration of courts and tribunals, and to the imposition of heavy fees on litigants. But the Justice report is positive. While in no way condoning the cuts, it concentrates on procedural changes which can improve the system of civil justice and make it more accessible.
