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Breathing Life into the Law: Achieving Access to Justice in the Modern State

The Lionel Cohen Lecture, Hebrew University of Jerusalem, 29 May 2024

Published online by Cambridge University Press:  18 November 2024

The Right Hon Lady Rose of Colmworth DBE
The Right Hon Lady Rose of Colmworth DBE
Affiliation:
Justice of the Supreme Court of the United Kingdom
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Extract

The need to provide efficient access to justice has presented challenges for civilised society since such societies came into being.

Keywords

Magna Cartagroup actionslitigation fundingonline dispute resolution
Type
The 2024 Lionel Cohen Lecture
Information
Israel Law Review , Volume 57 , Issue 3 , November 2024 , pp. 507 - 524
Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press in association with the Faculty of Law, the Hebrew University of Jerusalem

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References

1 Exodus, Chapter 18 verses 13–26.

2 Lord Igor Judge, ‘Magna Carta: Luck or Judgement’, lecture given in Temple Church, London (UK), on the 800th anniversary of Magna Carta, 19 February 2015, in Lord Judge, The Safest Shield (Hart 2015).

3 Greenwood, Christopher, ‘Magna Carta and the Development of Modern International Law’ (2016) 49 Israel Law Review 435CrossRefGoogle Scholar.

4 Lloyd v Google LLC [2021] UKSC 50, paras 4 onwards in particular.

5 See the discussion of the regime and the collective action brought on behalf of 46.2 million class members in Merricks v Mastercard [2020] UKSC 51. The statutory scheme enacted for collective actions in the Competition Appeal Tribunal was a response in part to the failure of a representative action brought by importers of cut flowers against airlines which had been party to an unlawful agreement to fix rates for freight: see Emerald Supplies Ltd v British Airways Plc [2010] EWCA Civ 1284.

6 Kenneth Woolf, Lord Harry, Access to Justice: Final Report to the Lord Chancellor on the Civil Justice System in England and Wales, vol 1 (HMSO 1996)Google Scholar.

7 Civil Procedure Rules 1998, SI 1998/3132 (CPR), r 19.21.

8 HM Courts and Tribunals Service, ‘Transparency Data: List of Group Litigation Orders’, 23 April 2024, https://www.gov.uk/government/publications/group-litigation-orders/list-of-group-litigation-orders.

9 ‘RBS Shareholder Deal Shows that the UK Is Warming to Group Litigation’, Wedlake Bell Bulletins, 20 June 2017, https://wedlakebell.com/rbs-shareholder-deal-shows-that-the-uk-is-warming-to-group-litigation.

10 Vedanta Resources Plc and Another v Lungowe and Others [2019] UKSC 20.

11 Municipio de Mariana v BHP Group (UK) Ltd and Others [2022] EWCA Civ 951.

12 Described in Practice Direction 63AA, which accompanies CPR Part 63A – Financial List, CPR r 63AA(6).

13 Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1.

14 The Online Civil Money Claims is a pilot scheme under CPR Practice Direction PD51R. It aims to replace the existing Money Claim Online system.

15 HM Courts and Tribunals Service, ‘Fact Sheet: Online Civil Money Claims’, 27 February 2024, s 3, https://www.gov.uk/government/publications/hmcts-reform-civil-fact-sheets/fact-sheet-online-civil-money-claims.

16 Geoffrey Vos, ‘Speech by the Master of the Rolls: The Future of the Courts’, given at University College London, Bentham House, ‘The Future of Courts: Expert Panel and Discussion’, 14 May 2024, https://www.judiciary.uk/speech-by-the-master-of-the-rolls-the-future-of-courts.

17 Lord Burnett of Maldon, ‘Institutional Independence and Accountability of the Judiciary’ (2022) 55 Israel Law Review 360.

18 Legal Aid and Advice Act 1949.

19 Legal Aid, Sentencing and Punishment of Offenders Act 2012, Sch 1. The remaining eligible categories include claims relating to the protection of children, mental health and special educational needs.

20 Giles v Thompson [1994] 1 AC 142, per Lord Mustill.

21 R (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8) [2002] EWCA Civ 932, [2003] QB 381.

22 Akhmedova v Akhmedov and Others [2020] Costs LR 901.

23 The procedure followed in this protracted litigation and the various judgments delivered are described by the trial judge Fraser J in the Introduction section of his judgment in Bates and Others v The Post Office Ltd (No 6: Horizon Issues) (Rev 1) [2019] EWHC 3408 (QB).

24 Courts and Legal Services Act 1990, s 58.

25 Volterra Fietta (a Firm) v Diag Human SE and Josef Stava [2023] EWCA Civ 1107.

26 Courts and Tribunals Judiciary, ‘Chancery Litigant in Person Support Scheme’, January 2014, https://www.judiciary.uk/courts-and-tribunals/business-and-property-courts/chancery-division/litigating-in-the-chancery-division/clips.

27 National Audit Office, ‘Government's Management of Legal Aid’, 9 February 2024, https://www.nao.org.uk/reports/governments-management-of-legal-aid.

28 R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.

29 ibid para 66.

30 ibid para 70.

31 Donoghue v Stevenson [1932] AC 562.

32 Lipton and Another v BA Cityflyer Ltd [2024] UKSC 24.

33 Armory v Delamirie [1722] EWHC J94. See the discussion in Hickey, Robin, ‘Armory v Delamirie (1722): Possession, Obligation and the Evolution of Relative Title to Goods’ in Douglas, Simon, Hickey, Robin and Waring, Emma, Landmark Cases in Property Law (Hart 2015) 131Google Scholar; Parchomovsky, Gideon and Stein, Alex ‘Reconceptualizing Trespass’ 103 (2009) Northwestern University Law Review 1823Google Scholar.

34 Watson, AM, Infants of the Brush: A Chimney Sweep's Story (Red Acre Press 2017)Google Scholar.