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Civil Litigation Section

Postponement of flexible court hours pilots ‘pragmatic’

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A decision to delay a government pilot trialling extended court opening hours which would have heaped additional pressure on the already fragile criminal legal aid services, has been welcomed today the Law Society of England and Wales. 

Law Society vice president Christina Blacklaws commented: “We welcome this pragmatic decision, and we urge HM Courts and Tribunals Service (HMCTS) to use the time instead to work with the Law Society to address our members’ other concerns about the pilot. 

’Fundamental issues in execution, resource and methodology must be fully resolved or the pilot will be unsuccessful. It is not acceptable to operate a pilot without paying solicitors properly for the additional cost they will incur as a result. There are also practical dangers for court staff, prosecutors, defence lawyers, defendants and witnesses, who could be leaving the court building five nights a week after 20:30.’ 

’HMCTS’ unwillingness to proceed with an evaluation tender outcome that appeared unsatisfactory gives welcome reassurance to our members they can have faith that the eventual evaluation will be robust.’ 

The Law Society raised these issues at the local implementation groups, as well as with senior HMCTS and LAA officials. HMCTS accepted that they needed to engage further with the defence community on the design of the pilot as well as the evaluation. 

If the pilots do proceed the Law Society will be providing a simple feedback form in order to record the real cost to practitioners involved.

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