This report, which is the first of its kind globally, combines quantitative polling with a nationally representative omnibus survey of 2,164 adults and public deliberation to explore public attitudes to the publication and use of data held in court records, including judgments. It explores themes including: sensitivity of court judgment data; how court judgments may […]
This legal opinion from leading equality law barristers Robin Allen QC and Dee Masters analyses government proposals for reforms to the UK data protection regime and recommends refinements to prevent discrimination. The authors raise concerns that government proposals in: “Data: A new direction” conflate :“outcome fairness” with “non-discrimination” in a manner that is: “simply wrong […]
This rapid evidence review compares the experience of mediated versus court-based processes on outcomes, experience and bias. It reviews the existing evidence base in United States of America, Canada and Australia. The following questions are addressed through the review: What is the impact of mediation on outcomes for parties, compared with outcomes secured through court-based […]
Automated Decision Making (“ADM”) and Assisted Decision Making (“ASDM”) systems are widely used to support decision making across the public sector. When deployed appropriately and lawfully, the adoption of these technologies offers the potential to improve the speed and consistency of decision-making whilst generating significant savings for the taxpayer. However, recent experiences in immigration, policing, […]
This report is a summary of a technical legal workshop held online on Thursday 17 June 2021 under the Chatham House rule. The workshop was hosted by The Legal Education Foundation (“TLEF”), as part of their Fairer Systems and Smarter Justice work programmes. The aim of the workshop was to support the Law Commission of […]
This briefing paper was prepared in advance of a technical legal workshop: “Reforming the law around the use of automated and assisted decision making by public bodies”. The workshop was convened to support the Law Commission in developing priorities for its 14th Programme of Law Reform. The authors highlight the urgent need for legal reform. […]
This report analyses the ways in which ‘justice system data’ – that is the information generated by the process of justice – is managed in three countries: Australia, Canada and Ireland. It considers how data-sharing methods are perceived to relate to judicial independence, innovation, and public understanding of, and confidence in, the justice system. The […]
The measures introduced to tackle the spread of COVID-19 resulted in rapid changes to the operation of courts and tribunals across England and Wales. Across the tribunals system, measures were put in place to protect public safety and ensure that tribunals were able to function and hear cases wherever possible. A range of procedural and […]
This report presents the findings of a rapid review undertaken by the Civil Justice Council into the impact of COVID-19 arrangements on users of the civil justice system. Over 1,000 responses were submitted over the course of two weeks. The report contains recommendations on the continuing use of remote hearings across the civil justice system […]
In light of the plans to rapidly expand the use of telephone, video and Skype hearings in the justice system, this briefing discusses the safeguards that must be put in place to ensure that access to justice and open justice are maintained under the rule of law. Summary The following recommendations would uphold the rule […]
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