2021 has brought with it continuing uncertainties over the short, medium and long-term future for the country. We have started life outside the European Union whilst dealing with the ever-evolving circumstances of the coronavirus pandemic. The development and implementation of the vaccination programme, however, gives some cause for optimism that there may be a gradual relaxation in the lockdown provisions and a steady return to the social and business lives we once took for granted.
This year and the years ahead present not only the everyday challenges of maintaining service to our clients but the prospect of continuing radical change in how justice is delivered in this country.
Sir Geoffrey Vos, the new Master of the Rolls sworn in on 11 January 2021, set out a radical agenda for civil justice in England and Wales during a virtual event hosted by the Law Society on 28 January 2021. The ambition is for a ‘fundamental generational reform of the civil justice system’ which will involve all claims being commenced and managed through an ‘online funnel through which all disputes can pass’.
The online justice system, which suggests a greater involvement of litigants in person, will include the use of algorithms with judge led governance. There was comfort to practitioners that the larger or more intractable problems will still require their intervention and advice. In response to concerns raised that those with limited access to the technology would be disadvantaged, the Master of Rolls stated that a system could not be devised ‘purely for the digitally disadvantaged ignoring the digitally advantaged, who will probably be 90% or more of the population’.
The continuing use of online technology is inevitable and part of our jurisdiction maintaining its leading place in the global legal market, as Sir Geoffrey pointed out. The challenge will be to maintain access to justice for all and, for practitioners, with the prospect of increased fixed costs regimes, the ability to maintain profitable legal services for as many in our communities as possible.
Family practitioners face the prospect of more immediate changes to their practice rules as the Family Procedural Rules Committee closes its consultation on 2 March 2021 on the changes to the Family Practice Rules required to implement the Divorce, Dissolution and Separation Act 2020 (‘DDSA 2020’).
The DDSA 2020, which received Royal Assent on 25 June 2020 and was broadly welcomed by practitioners, is due to come into effect in autumn this year, aims to remove the need to show irretrievable breakdown in the dissolution of marriages and civil partnerships (and also in judicial separations) under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. It is hoped there will be less emphasis on blame and the encouragement of a non-confrontational approach in family proceedings, for the benefit of all, especially the children.
Property practitioners face continuing uncertainty over the possession claims. At present, it remains to be seen whether the moratoriums on claims on residential and commercial property claims until 31 March 2021 will be further extended. More broadly, there is the prospect of reform following the government’s indication in December 2020 of its intention this year to conduct a review of commercial landlord and tenant legislation. Up for the anticipated discussion are issues concerning the provisions of Part II of the Landlord & Tenant Act 1954, including its security of tenure provisions, the arrangements for payment of rent together with an assessment of the impact of the pandemic on the relationship between commercial landlords and their tenants.
These are but a few examples and I am all too aware that practitioners in all practice areas face ongoing challenges in delivering legal advice to their clients. The legal professional has always had its pressures and the increased isolation that lockdown has brought can only have added to these. Many will be able to deal with the stresses of work through their families, broader social networks and natural resilience. A significant proportion, however, will not. I would encourage anyone who is struggling to seek help. An organisation doing particularly valuable work is LawCare (www.lawcare.org.uk – Helpline 0800 279 6888). The charity works to promote good mental health and well-being in the legal community (fee-earners, support staff and concerned family members) through a network of over 100 trained volunteers (if you would like to become involved, details are available on the LawCare website).
However we approach the challenges this year will bring, we need to look out for each other. The Council is here to serve you so if there are any issues you wish to raise about what is happening in Hertfordshire, please do not hesitate to contact us. I look forward to working with my colleagues on the Council to ensure that our Law Society continues to meet the challenges constructively and confidently.
Neil Johnson
President of Hertfordshire Law Society 2021
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