Scribd Logo
Upload

Welcome to Scribd!

  • 11 views

    LSM Peu22

    Uploaded by

    Mahad Dogar
    The document provides updates to chapters in the LA1031 Legal System and Method module guide. It notes that a review of the Human Rights Act is ongoing and its report is overdue. The Coronavirus Act allowed greater use of remote hearings in courts, and this experience may lead to continued use of technology in hearings. The Act's provisions on remote hearings are time-limited but may influence future reform towards more online hearings and technology in courts. A recent report found that mandatory alternative dispute resolution is compatible with Article 6 rights, in contrast to prior case law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    LSM Peu22

    Uploaded by

    Mahad Dogar
    11 views2 pages
    The document provides updates to chapters in the LA1031 Legal System and Method module guide. It notes that a review of the Human Rights Act is ongoing and its report is overdue. The Coronavirus Act allowed greater use of remote hearings in courts, and this experience may lead to continued use of technology in hearings. The Act's provisions on remote hearings are time-limited but may influence future reform towards more online hearings and technology in courts. A recent report found that mandatory alternative dispute resolution is compatible with Article 6 rights, in contrast to prior case law.

    Original Description:

    pre exam update

    Original Title

    LSM_peu22

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document provides updates to chapters in the LA1031 Legal System and Method module guide. It notes that a review of the Human Rights Act is ongoing and its report is overdue. The Coronavirus Act allowed greater use of remote hearings in courts, and this experience may lead to continued use of technology in hearings. The Act's provisions on remote hearings are time-limited but may influence future reform towards more online hearings and technology in courts. A recent report found that mandatory alternative dispute resolution is compatible with Article 6 rights, in contrast to prior case law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    11 views2 pages

    LSM Peu22

    Uploaded by

    Mahad Dogar
    The document provides updates to chapters in the LA1031 Legal System and Method module guide. It notes that a review of the Human Rights Act is ongoing and its report is overdue. The Coronavirus Act allowed greater use of remote hearings in courts, and this experience may lead to continued use of technology in hearings. The Act's provisions on remote hearings are time-limited but may influence future reform towards more online hearings and technology in courts. A recent report found that mandatory alternative dispute resolution is compatible with Article 6 rights, in contrast to prior case law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    LA1031 Legal system and method

    Pre-exam update 2022

    The current edition of the module guide was published in 2021.

    The following developments should be noted.

    CHAPTER 2: SOURCES OF LAW


    2.5.2 Human rights under the ECHR
    In December 2020, the new Conservative government established an Independent
    Review of the Human Rights Act, focused on two key themes:
    • the relationship between domestic courts and the European Court of Human Rights
    • the impact of the HRA on the relationship between the judiciary, the executive and
    the legislature.
    The consultation period ended in March 2021 and the Chair of the Review Panel stated
    that there would be a report to government by the end of October 2021 (there has been no
    report at the time of writing).

    CHAPTER 11: COURTS IN THE ENGLISH LEGAL SYSTEM


    11.8 Future directions of the court system
    The Coronavirus Act 2020 (ss.53–57 and Schedules 23–27) allowed remote hearings to
    be used in a range of proceedings, particularly in criminal proceedings. The Act allowed for
    journalists and members of the public to petition to witness proceedings by accessing the
    live link. At the time of writing, courts have started to return to physical in-person hearings
    but some elements of remote hearings have remained, for example, barristers appearing
    via video link. This experience of using technology to hold virtual hearings may lead to
    some changes in the way the court system develops.

    CHAPTER 15: THE CIVIL JUSTICE SYSTEM


    15.8 Future reform of the civil justice system
    The Coronavirus Act 2020 has had a considerable impact on the way in which courts and
    tribunals are run, notably in the sphere of the use of online technology. Sections 53–57
    and Schedules 23–27 of the Act allow for the use of video and audio technology in courts
    and tribunals. Participants in hearings are permitted to appear before the court using video
    and audio links, and hearings can take place with no physical courtroom at all, so that the
    whole hearing takes place via a video or audio link. Provision is made to enable the public
    to see or hear proceedings that are heard virtually in this way.

    Page 1 of 2
    LA1031 Legal system and method pre-exam update 2022

    The relevant provisions of the Coronavirus Act 2020 are time-limited for a period of two
    years, however, while they are in force, this provides an insight into how these
    technologies can work in the context of court hearings. This may perhaps lead to more
    substantial reform in the use of online hearings and the use of technology in the future.

    CHAPTER 17: ALTERNATIVE DISPUTE RESOLUTION (ADR)


    17.5 The debate on mandatory mediation
    The question of the extent to which mandatory alternative dispute resolution is compatible
    with Article 6 has recently been revisited by the Civil Justice Council, in a report published
    in July 2021. The report took a different view from that in Halsey and concluded that
    mandatory ADR is compatible with Article 6 and is, therefore, lawful.

    Page 2 of 2

    You might also like