Parliamentary.ai

Overview

This bill makes several amendments to existing legislation, primarily focusing on judicial review, tribunals, dispute resolution, inquest procedures, and legal aid. Key changes include limiting appeals on Upper Tribunal decisions, altering inquest procedures, and introducing provisions for payments relating to pro bono legal representation.

Description

Judicial Review and Tribunals:

The bill restricts the ability to challenge Upper Tribunal decisions refusing permission to appeal. Appeals to the Supreme Court will only be permitted with leave from either the supervisory court or the Supreme Court, and only if a point of law of general public importance is involved.

Dispute Resolution:

The bill allows for Online Procedure Rules to be created, enabling the electronic transfer of information between online dispute resolution services and courts or tribunals. These rules can be tailored to specific services based on criteria such as being listed or certified by a particular body.

Inquest Procedures:

The bill replaces references to "revealed by post-mortem examination" with "becoming clear before inquest" in several Acts related to birth and death registration, streamlining the process. It also introduces a new clause allowing for the registration of a death when an investigation is discontinued and information is provided by the coroner.

Legal Aid and Pro Bono Representation:

The bill amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to allow for publicly funded legal representation for bereaved people at inquests when public authorities are also involved. It also introduces new sections to the Legal Services Act 2007 enabling payments to be made to prescribed charities in respect of pro bono legal representation in civil courts and tribunals, ensuring the continued accessibility of legal services for individuals.

Government Spending

The bill's impact on government spending is not explicitly stated within the provided text but is likely to involve additional costs associated with publicly funded legal representation at inquests. The exact figures are not available.

Groups Affected

• Individuals appealing Upper Tribunal decisions: May face greater difficulty in appealing decisions.
• Participants in online dispute resolution services: Will be affected by the new rules governing information transfer and court consideration.
• Bereaved individuals involved in inquests with public authority involvement: May benefit from publicly funded legal representation.
• Legal professionals providing pro bono services: May receive payments to a prescribed charity via newly introduced provisions.
• Public authorities involved in inquests: May face increased legal costs associated with the additional publicly funded representation.
• Charities providing legal aid: May receive funding from payments made under the new pro bono provisions.