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NEWS
The Courts and Tribunals Judiciary has published a speech by the Master of the Rolls, Sir Geoffrey Vos, on artificial intelligence (AI) in arbitration, setting out the promises and pitfalls of AI-driven dispute resolution. Vos noted that AI decisions are likely to be cheaper, quicker and reliable and that party autonomy in arbitration allows parties to agree to machine-made arbitral decisions, including AI arbitrators, unlike court-based adjudication which remains constrained by constitutional rights, Article 6 of the European Convention on Human Rights and legislative requirements. Vos cautioned that while AI arbitration is likely to expand due to cost pressures, risks remain around bias, public policy challenges, overcomplication of arbitral proceedings, global inequality in Large Language Model (LLM) coverage and the need for the legal profession to adapt as AI accelerates changes in commercial dispute resolution.
NEWS
The Courts and Tribunals Judiciary has published the fourth edition guide of Reporting Restrictions in the Criminal Courts. These restrictions provide the limitations on when the media can report on criminal proceedings, such as to protect the rights of children or the identities of some adult complainants. The fourth edition adds clarity to the legal provisions and principles to ensure they are understood and properly applied in practice.
NEWS
The Courts and Tribunals Judiciary has published the Technology and Construction Court (TCC)’s annual report for the period 1 October 2024 to 30 September 2025, highlighting that the Court remains busy with a slight increase in new claims, a settlement rate of about 85% and an 8% decrease in applications heard, while applications dealt with electronically through the CE-filing system remained high at 2,185. The report notes rising disputes involving complex computer software and information technology (IT) infrastructure systems, increased cases relating to flammable cladding and fire protection issues following the Building Safety Act 2022 and growing environmental pollution class action claims. It also highlights developments in procurement challenges under the Procurement Act 2023, the expanding role of AI in litigation and continued management of high-profile, high-value claims.
NEWS
The President of the Family Division, Sir Andrew McFarlane, has released the first-ever annual report for the Family Court, marking a decade since its establishment. This publication represents a step towards enhanced transparency within the Family Court system. The report offers a comprehensive overview of the court's operations, emphasising the commitment of judges, magistrates, court staff, social workers, and other practitioners in addressing family disputes and safeguarding vulnerable individuals. The President underscored the vocational nature of family law practice and expressed gratitude for the dedication demonstrated by all those supporting the Family Court's work.
NEWS
The Courts and Tribunals Judiciary has published the outcome of the Remote Participation Review, with a suite of new guidance on remote participation across courts and tribunals. The review was launched in July 2024 at the request of the Lady Chief Justice and was led by Lady Justice Yip, Deputy Senior Presiding Judge, with support from the Judicial Office Strategy and Modernisation team and HMCTS’s Remote Participation Programme. The publication includes new Judicial Principles on Remote Participation and Overarching Guidance on Remote Participation, which are intended to promote a more consistent approach to remote hearings while preserving judicial discretion.
NEWS
On 30 October 2024, Mr Justice Foxton delivered a talk at an event organised by the Manchester Business Property Courts Forum titled ‘The Big Freeze’: The Rise and Rise of the Mareva Injunction. His speech addressed many of the key authorities responsible for the development and expansion of the jurisdiction, including interesting comment on a number of recent decisions including: Broad Idea International Ltd v Convoy Collateral Ltd [2021] UKPC 24, Civiello v Brodahl [2024] EWHC 707 (Comm), LAX SA v JBC SA [2024] EWHC 2042 (Comm) and Isabel dos Santos v Unitel S.A. [2024] EWCA Civ 1109.
NEWS
An update to the 2022 Chancery Guide was published on 10 July 2024. The amends focus, for the most part, on clarifying and giving additional detail on various points of procedure.
NEWS
The Courts and Tribunals Judiciary has published updated guidance on the use of artificial intelligence (AI), replacing its December 2023 guidance. The updated guidance expands the glossary of AI terms and adds new sections on misinformation, bias and dataset quality. It introduces Microsoft Copilot Chat for judicial office holders through eJudiciary accounts and establishes that litigants bear responsibility for AI-generated information presented to courts. The guidance applies to all judicial office holders, clerks, assistants and support staff under the Lady Chief Justice and Senior President of Tribunals.
NEWS
The President of the Family Division, Sir Andrew McFarlane, has issued updated guidance on the transfer of proceedings under Articles 8 and 9 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention). This revision reflects changes to the legal framework following the UK's exit from the EU, replaces previous 2016 guidance and outlines comprehensive procedures for both outgoing and incoming requests for a transfer of jurisdiction. The guidance covers the mandatory register for all transfer requests, clarification of the roles of Central Authorities and specific instructions for courts and parties. The guidance emphasises that incoming requests must be determined by the High Court and provides detailed requirements for information to be included in the register.
NEWS
The Courts and Tribunals Judiciary has reported nine original wills, envelopes and seals have been surrendered to the Royal Archives for safekeeping and academic research. This is pursuant to the publishing of ‘The Procedure for Unsealing 90-year old Royal Wills’ by the President of the Family Division’s Office in 2023.
NEWS
HM Courts & Tribunals Service (HMCTS) has published details of the courts and tribunals opening times for the Christmas and New Year period 2024.
PRACTICE NOTES
This Practice Note considers the court’s position as a public authority for the purposes of the Human Rights Act 1998 (HRA 1998) and the effect on judgments concerning the relationship between non-state individuals (private individuals)—the so called ‘horizontal effect’ of Convention rights. Horizontal effect of the European Convention on Human Rights The UK was one of the first signatories to the European Convention on Human Rights (ECHR, also known as the Convention), but prior to HRA 1998, the ECHR was regarded simply as an international treaty, not enforceable directly by private individuals against each other in the domestic courts. The aim of the ECHR was to protect these fundamental rights from interference by a state government, ie ‘vertical effect’. While the coming into force of HRA 1998 in 2000 radically and deliberately changed this landscape, it is to be noted that no specific provision was made in regard to the enforceability of Convention rights between private individuals. But HRA 1998, s 6(1) makes it unlawful for