In person hearings are likely to continue despite the government’s ‘Plan B’ to deal with the increasing coronavirus cases, with decisions on remote attendance left to the preference of judges.Boris Johnson announced last night that where possible, people should work from home as of Monday, as part of the latest restrictions introduced to tackle the rise in cases of the Omicron variant.HM Courts & Tribunals Service guidance for courts and tribunal users was updated this week to mirror the prime minister’s announcement, but does not seem to comprise any meaningful change.A Ministry of Justice spokesperson declared that it will continue to be a matter for individual judges to choose whether or not to use the cloud video platform, or alternative means of organising a remote or hybrid hearing, saying a ‘top-down missive’ was doubtful.A spokesperson for the judiciary also noted that there was unlikely to be any adjustments to the operation of the courts, highlighting that lawyers and court staff are considered essential to the running of the justice system, and had been considered key workers during the height of the pandemic.A criminal barrister at Pump Court Chambers, Nigel Pascoe QC, remarked on Twitter that circuit leaders should ‘consider a joint statement which seeks to interpret that new guidance in practical terms’. ‘The bar should not be required to take greater risks than other sectors,’ he continued.In the meantime, London firm Kingsley Napley has notified all staff who are able to work from home to do so immediately, with internal meetings to be conducted remotely where possible, however their office continues to stay open for meetings if people are happy to. Leigh Day, a national firm has also informed staff to work from home unless it is not possible to do so.

The Human Rights Act 1998 would be succeeded with a ‘bill of rights’ under proposals revealed by the lord chancellor this week. The legislation will pay particular attention to ‘quintessentially UK rights, such as freedom of speech and the right to trial by jury’, Dominic Raab MP said. Launching a 118-page command paper on the plans, Raab stated that the proposals ‘reflect the government’s enduring commitment to liberty under the rule of law’.The thoroughly trailed reforms seem to extend beyond those proposed by the Independent Review of the Human Rights Act that was introduced a year ago by Raab’s predecessor, Robert Buckland. However the government has supported the review’s suggestions for amending section 2 of the Human Rights Act, which calls for UK courts to ‘take into account’ Strasbourg rulings. This has ‘indirectly resulted in the supremacy of the UK Supreme Court being undermined by Strasbourg decisions,’ the paper details.The government’s proposed course of action would necessitate UK courts to firstly consider whether a rights issue can be solved domestically, prior to considering European convention rights or Strasbourg case law. The paper cites Magna Carta and the 1689 Bill of Rights, suggesting that ‘there may be scope to recognise trial by jury in the bill of rights’. However this would apply only to the extent that the right to trial by jury is ordered by each UK jurisdiction.On freedom of expression, the bill of rights intends to ‘provide more general guidance on how to balance the right to freedom of expression with competing rights’ rather than leaving this to the courts. The measure would make specific provision to ensure the protection of journalists’ references.  The new measure will reinstall a ‘sharper focus on fundamental rights’, including confirmation that the ‘unmeritorious cases’ are sifted out at an earlier stage. A new ‘permissions stage’ would need claimants to verify that they have experienced a ‘significant disadvantage’ prior to a human rights claim being apprehended in court. Raab reported to the House of Commons that the reforms will inhibit dangerous criminals from relying on article 8 (right to respect for private and family life) to prevent deportation. Raab stated article 8 claims account for approximately 70% of all successful human rights disputes by foreign national offenders against deportation orders.He detailed the UK’s independent judiciary and parliamentary sovereignty as the ‘cornerstone and foundations of our democracy’. In line with this, the government intends to ‘sharpen’ the division of powers by reforming the section 2 duty to take account of Strasbourg case law. This, he noted, ‘has at various times been interpreted as a duty to match Strasbourg jurisprudence which is neither necessary nor desirable’. The UK’s Supreme Court would be the ‘ultimate judicial arbiter’ for clarifying Convention rights in this country.To justify the proposal to introduce a ‘permission stage’, Raab remarked ‘one of the consistent complaints we hear from the public is that human rights can be subject to abuse’.The move to solutions will also be reformed in order for courts to provide ‘greater consideration to the behaviour of the claimant and wider public interest’ when deciding compensation. ‘It isn’t right that those who have broken the law can then reach out and claim human rights to claim large chunks of compensation at the taxpayer and wider public’s expense,’ Raab stated.

The lord chancellor has revealed to MPS that in order to offer rape victims confidence in the current justice system to step forward, criminal justice scorecards will be issued by Christmas.When thoroughly questioned regarding the route he intends to take to assist prosecution of perpetrators of violence against women and girls, Dominic Raab announced that he also hopes to discourage defence lawyers from the ‘widespread practice’ of advising the accused of choosing to plead guilty once they reach the courts.In line with the government’s plans to return the amount of rape cases passed through courts to the levels seen back in 2016 by the close of this parliament, performance scorecards were first made public back in June.  Raab notified the House of Commons that his department would publish scorecards not only for general crime, but specifically for rape, to monitor performance at every stage in the system. ‘That will help to spur an increase in performance, which will give victims the confidence to come forward and get prosecutions to court,’ he stated.‘It will be important when we publish the criminal justice scorecards for rape that we can see not just at a national level, but – in due course, following that – at a local level, which areas are getting it right and why those other places are not following best practice, and that we ensure we can correct the gaps.’Section 28 pre-recorded cross-examinations for endangered victims and witnesses has been undergoing trials by the government.  When questioned when section 28 procedures will be prolonged nationally, Raab commented: ‘That is incredibly important not only for the victims of rape, but for other vulnerable victims. The evidence so far from the pilots and the trials needs to be gleaned and carefully evaluated, but I can tell my honourable friend that this is something that I want to look at very carefully not just because of the ability to secure a more effective prosecution, but to deter defence lawyers from perhaps not the universal practice, but certainly the widespread practice of encouraging the accused to wait until the moment in court before they take the decision on whether to plead guilty.’

Lord chancellor Dominic Raab has announced that the government’s human rights and judicial review reforms will not strive to take any alternative routes with parliamentary inspection.Dominic Raab appeared in front of the Joint Committee on Human Rights this week, and was questioned about an interview he gave with the Sunday Telegraph in October, in which he divulged that he is drawing up a ‘mechanism’ to enable the government to propose ad hoc legislation that would ‘correct’ court judgments that ministers surmise are incorrect.Harriet Harman MP, the Committee chair, highlighted that parliament can alter the law by validating legislation, which the courts must then put in place. ‘So what is this mechanism?’ she asked.Raab replied: ‘I’ve said you’ve got two options really. You just say that parliament brings forward any legislation it wants to correct any piece of case law that it doesn’t like at any particular point and that’s what the constitution says. A number of judges have said “of course, that’s what parliament is there for”. And there’s a separate question – and it’s a moot point at this stage – whether or not there’s a mechanism to allow that to be done in a specific or special way.‘But let’s be very clear about it. You would want to make sure you retained all of the due scrutiny you get. I’ve talked about the options for it. But let me reassure you, we would not be talking about taking any shortcuts with due parliamentary scrutiny. I know exactly where that’s going.’Harman noted that it was not just to do with scrutiny but decision-making. ‘It’s not just that parliament scrutinises legislation,’ she said. ‘Parliament decides on legislation. Government doesn’t decide on legislation. What I just want you to be clear on, is you’re not talking about the government being able to change the law other than bringing the law to parliament and seeking parliament’s agreement for parliament to decide to change the law.’Raab responded: ‘Of course. Parliament would have to make the decision. You’re absolutely right. Having talked about separation of powers, the principle of separation of powers and law-making prerogatives of parliament are absolutely crucial.’The lord chancellor remained guarded on the government’s reply to the independent review on the Human Rights Act, and if it will include a British Bill of Rights, but reassured he would consider any proposals.

The Law Society has welcomed reforms that will ensure that disabled and LGBT+ victims of hate crime are given the same level of protection as those targeted due to their religion or race.After a lengthy review was carried out of hate crime and hate speech laws, the Law Commission issued several suggestions to address inconsistencies in how hate crime laws handle different safeguarded characteristics. For example, aggravated offences, which can lead to stricter sentences, at present only apply to racial and religious hostility.The commission suggests lengthening aggravated offences to embody all existing characteristics in hate crime laws: race, religion, sexual orientation, disability and transgender identity.Stephanie Boyce, Law Society president I. stated: ‘In our consultation response, we said it was illogical for aggravated offences to only apply to race or religion-based hostility and should include enhanced sentencing provisions on hostility based on transgender identity, disability and sexual orientation.’Subject to further confirmation, the commission has recommended adding sex and gender as protected characteristics for the purposes of aggravated offences and longer sentencing, taking into account three possible reform options. However, it concluded that the propositions ‘create more problems than they solve’.Boyce sated: ‘We raised concerns about the suitability of this proposal as it creates problems on how to deal with forced marriage, FGM, domestic abuse and sexual offences, which are predominantly against women. The prosecution’s already difficult task in proving rape and other sexual offences could be compounded by having to prove gender-based aggravation too. It would further complicate these trials and increase the trauma for victims.’Alternatively, the commission proclaimed that the government should review the need for a particular offence of public sexual harassment.

Chancellor of the Exchequer, Rishi Sunak, today delivered the 2021 Budget in the House of Commons. We have highlighted some key points from his address and ways we can potentially help you.The Chancellor says forecasts from the Office for Budget Responsibility show the economy will grow by 6.5% this year. Sunak says it will take until the start of 2022 for the economy to return to its pre-pandemic size. Unemployment is forecast to peak at 5.2% in the fourth quarter of 2021. We have an exceptional Employment Department who are able to assist with all employee queries, specialising in Settlement Agreements.The Government will introduce a new ‘Scale up’ visa to attract highly skilled people from abroad to the UK’s fastest-growing businesses. This new visa will “make it quicker and easier for fast-growing businesses to bring in highly skilled individuals from around the world,”. Sunak stated that 49 per cent of the UK’s fastest-growing businesses have at least one foreign-born co-founder and approximately 40 per cent of staff at UK fintechs are from overseas. We have an accredited Immigration department ready to assist with this new style application as well as other visas including student, youth mobility and graduate routes.In terms of Property, there were no Stamp Duty announcements this time around. However Capital gains tax for residential property transactions can now be paid within 60 days, following calls for the 30-day payment period to be doubled due to unsuspected homebuyers being hit with fines. Both UK and non-UK residents are included in this tax deadline extension. Sunak also  confirmed a 4 per cent property developer tax to fund a £5.1bn package to replace unsafe cladding for leaseholders in high-rise buildings across England. We have an extensive Guide to Buying a Home if you are looking to buy or sell a home.Inflationary pressures are affecting the UK economy, with the Office for Budget Responsibility (OBR) forecasting that inflation will rise above 4% next year. We have a dedicated page explaining how we can assist with any debts and disputes you may encounter in the future.If you have any general enquiries, you can easily contact us 24/7 using our dedicated form here.

Research published has indicated that people may be prohibited from exercising their legal rights due to misconceptions about the scope and expense of legal expenses insurance. 46 participants who took part in comprehensive interviews instructed by the Legal Services Board, revealed that they mostly assumed LEI was more restrictive and expensive than it truly is. There is now concern from the oversight regulator that most of the estimated 3.6 million people with an unmet legal requirement are losing out on insurance that would benefit their requirements. Head of policy development and research at the LSB, Steve Brooker, noted that insurers have a pivotal role in promoting LEI to customers and in convincing them it is more economical and advantageous than they think. Brooker commented that “people often need legal help when they are at their most vulnerable, for example when facing a housing or employment issue. Legal expenses insurance can provide consumers with the peace of mind that the cost of legal advice and representation will be covered. We see legal expenses insurance or similar products as one of the ways to enable more people to access legal services free at the point of need.”It was suggested by the Financial Conduct Authority that approximately 15 million adults may have legal expenses insurance as a common feature of their home insurance, but many are not aware that they have legal protection.The LSB research revealed that around a third of people believed the cost of home legal expenses insurance to be double the standard cost of £20-30 a year. Most also assumed that a produce acquired with home insurance may only cover housing problems, where as the LSP indicated the policies could also encompass issues in relation to employment, injury and contracts.   

A new ‘substantially more affordable’ route into the legal profession than the Solicitors Qualifying Examination is now open to applicants.The Chartered Institute of Legal Executives (CILEX) has remodelled its non-graduate law course which will now enable students to gain full practice rights within six years.The qualification incorporates work and study, covering a combination of legal knowledge and commercial awareness, including mandatory modules on technology, business skills and emotional intelligence.Having been approved by CILEX Regulation, the qualification is now open for enrolment. The route has been welcomed by lord chancellor Robert Buckland, who noted it will ‘ensure this country continues to produce the best and brightest lawyers in the world’. £275,000 of funding for 22 scholarships each year for candidates from disadvantaged backgrounds, and those who are under-represented in the legal profession, has also been provided by the professional body.The CILEX Professional Qualification – that gives students the opportunity to fulfil a career as a CILEX lawyer or paralegal – claims to be a ‘substantially more affordable way for students to become lawyers’ than the SQE, as a degree or equivalent qualification or experience is not necessary. Individuals will be able to qualify as a CILEX lawyer for £12,500, with each stage taking approximately 18 months to complete.CILEX chair Professor, Chris Bones commented: ‘CILEX is committed to improving social mobility within the legal profession – ensuring dedicated individuals can succeed in the sector regardless of their personal circumstances.’

The Ministry of Justice is seeking to increase probate fees, maintaining that the current system places an unfair burden on the taxpayer and operates at a loss.Proposals published today revealed that fees to apply for a grant of probate will increase from £155 and £215 – for probate professionals and individuals – to a flat fee of £273 for all applicants, irrespective of the size of the estate.According to the government, it currently costs HM Courts and Tribunals Service more to process probate applications than the fees it receives. This means that the service is operating at a financial loss and thus places a burden on the taxpayer by way of subsidising the processing of probate applications. It announced that a current deficit of £85m exists in family jurisdiction services, and that the proposals are set to rise between £23m and £25m each year from 2022.The MoJ emphasised that the proposals will not create any profit for the government and are ‘significantly different’ from the fee hike that was discarded in 2019, which would have resulted in bereaved families paying up to £6,000 for grants of probate. As is currently the case, estates worth less than £5,000 will not attract a fee.An MoJ spokesperson stated: “Every penny from these fees will go towards the cost of processing applications – meaning taxpayers will no longer be forced to subsidise them.”A consultation regarding the fee increase opened on Thursday and will run through to 23 September.Statistics for January to March 2021 revealed that 8 weeks was the average time frame between submitting an application to a grant being issued. The probate service’s workload saw a significant increase however during the winter spike of the pandemic, and HMCTS has battled with a sharp rise in applications since the end of February.Issues have also been encountered with the online service which is essential for professionals applying for grants of probate, whereby applicants have reported repeated failure of access codes, or diversions back to the login page despite entering the necessary details. HMCTS informed the Law Society that these technical issues have now been resolved.Find out more about wills and probate and see how we can help you with your case.