Frances Gibb
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London is the legal capital and many big disputes can only be heard in its courts. But from this month hundreds of immigration and asylum cases and challenges to decisions by government or public bodies will be devolved to the regions as four Administrative Court centres open in Birmingham, Cardiff, Leeds and Manchester.
Two High Court judges, Mr Justice Beatson and Mr Justice Langstaff, will be responsible for liaising with the centres. The judge behind the change — and now in charge — is Sir Anthony May, President of the Queen’s Bench Division. The reform, he says, will ease the hugely overburdened Administrative Court in London, as it struggles with the caseload that required extra judges for its 8,000 asylum and immigration cases a year.
The move is not just a pragmatic one. “It is also that it is right, in itself, for these cases to be heard locally,” May says. “The important thing is that claimants based in the regions will be able to have their cases dealt with at the centre that they regard as most convenient, instructing — if they wish — lawyers also based in the region.” Many public authorities, which are potentially defendants in such claims, also favour the move.
The reform stems from a working party Sir Anthony chaired before taking on the post in October. “The view was taken that the Administrative Court should not operate solely in London,” he says. Inevitably there have been criticisms, such over the departure of Mr Justice Collins as the Administrative Court’s lead judge — the judge with a record of fearless rulings against ministers.
The reason, Sir Anthony says, is that when his predecessor, Lord Judge, became Lord Chief Justice, he kept his role as head of criminal justice. That stripped the job of President of the Queen’s Bench Division of a large slice of work. So when Sir Anthony, 68, became President, he was also given the Administrative Court as a key responsibility — not least, perhaps, because he had been architect of the devolution reforms and could then oversee them. Mr Justice Collins, observers noted, had by contrast been a staunch critic of the change.
There was also some concern that there is insufficient legal and administrative expertise for administrative courts outside London, that London lawyers will simply end up travelling there, and of the dangers of inconsistency of approach and loss of the distinct identity of the London court.
Sir Anthony disagrees. The main benefit is for claimants, he says. They can choose the most convenient forum for their disputes, including London, while extra funds have been provided for IT back-up and administrative staff. The liaison judges will also sit in the new courts, as will other nominated High Court and senior circuit judges who have sat in the London court. “I am confident that this will achieve consistency.”
Many lawyers agree. Richard Clayton, QC, chairman of the Administrative Law Bar Association, said the move would “broaden access to the courts for people in the regions”. He accepts that there may be teething problems but there is much support among the regional Bar and solicitors. “What everyone is agreed on is that people should have access to justice in the most convenient way.”
If regionalisation is top of Sir Anthony's in-tray, his patch as President also spans the commercial court, admiralty court, technology and construction court, libel lists and managing 73 High Court judges and their rotation to the circuits where they sit on the biggest criminal cases. It is a huge workload. The commercial court is expected to open towards the end of next year. That is “in good shape” with plenty of work — particularly from overseas, Sir Anthony says, but it is “pressed for space” and there is continual juggling to resolve space problems.
He also looks after his judges’ welfare. They are in good heart, he insists. “Morale is high. They work extremely hard and with a very good grace.”
Sir Anthony, a specialist at the Bar in construction disputes, lives in Surrey where he indulges his hobby of “bonfires”. (“Garden rubbish has to be disposed of.”) But in a nod to eco-awareness he is “much more circumspect with my bonfires these days”. The satisfaction “is in keeping things smouldering along”. Regionalisation or judges’ welfare, it’s a skill that could clearly come in handy.
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