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Concern over civil law pilot scheme in which judges will be replaced by legal advisers (30 April 2015)

Date: 30/04/2015
Duncan Lewis, Legal News Solicitors, Concern over civil law pilot scheme in which judges will be replaced by legal advisers

A pilot scheme which will see solicitors and barristers take over some of the duties from judges in civil law cases has raised concerns among the legal profession about the implications for justice.,

The Law Society Gazette reports that from 1 October duties such as rectifying procedural errors, applications to extend limitation periods for the service of claims – and applications to amend particulars of claim or the value of a claim or make a counterclaim – will be handled by legal advisers who must either be solicitors of barristers.

However, it is reported that concerns over the pilot were raised in February by the Law Society’s civil justice team, including concerns over training that legal advisers would receive, as well as judicial decisions being taken by individuals not qualified to do so.

Master of the Rolls Lord Dyson has said the scheme would commence only once legal advisers had received the proper training – and they would work closely with a least one deputy district judge.

However the Law Society council member for civil justice, Keith Etherington said:

“Litigants often get one chance at bringing a claim – they deserve for it to be dealt with by qualified judges who understand, from their experience, the competing issues and the justice of any given situation.”

In the pilot scheme, a district judge will be able to reconsider any decision made by a legal adviser within 14 days.

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