OK. Now I understand why this is not a problem for Family, County or Crown court systems - they are not based on rough and ready but constitutional bases. Unless there is something odd added into those systems by recent law(s) that somehow allow telecom processing to slide these courts aside, then those court systems don't need to be cleaned up in this same way.
Focusing on the magistrates court system, it seems that some LJAs have properly set up named courts and some don't, all by some kind of happenstance. However, I don't see any reason to assume that the LJAs that are functioning with proper court names are also functioning with proper summonses and other paperwork, so they could also have mail and form problems even though their courts are properly named. Does the telecom invasion cause issues of illegitimate procedure only in the improperly named court LJAs or in all LJAs?
If the paperwork is incorrectly processed only in the Cumbria LJA, then the impact is limited, but it seems much more likely to me that even in the LJAs that name their courts properly, their paperwork is still likely to have some or most of the same problems as the Cumbria paperwork, because they have the same efficiency pressures as does the Cumbria LJA.
So, is the push for efficiency via computer trashing *all* LJAs or just Cumbria LJA?
You mention the ‘rough and ready’ mags themselves, what is not mentioned is comity, the act of ignoring a ruling immediately the next like case arises such as council tax, where if argument questioning costs as not reasonably incurred is successful, costs may be removed and a liability order fails. The very next moment the remaining bulk list is ‘heard’, costs are awarded as if the previous 5 minutes had never taken place. Sian is adamant comity prevails, when stare decises was brought to her attention she balked at the very thought of an even playing field.
OK. Now I understand why this is not a problem for Family, County or Crown court systems - they are not based on rough and ready but constitutional bases. Unless there is something odd added into those systems by recent law(s) that somehow allow telecom processing to slide these courts aside, then those court systems don't need to be cleaned up in this same way.
Focusing on the magistrates court system, it seems that some LJAs have properly set up named courts and some don't, all by some kind of happenstance. However, I don't see any reason to assume that the LJAs that are functioning with proper court names are also functioning with proper summonses and other paperwork, so they could also have mail and form problems even though their courts are properly named. Does the telecom invasion cause issues of illegitimate procedure only in the improperly named court LJAs or in all LJAs?
If the paperwork is incorrectly processed only in the Cumbria LJA, then the impact is limited, but it seems much more likely to me that even in the LJAs that name their courts properly, their paperwork is still likely to have some or most of the same problems as the Cumbria paperwork, because they have the same efficiency pressures as does the Cumbria LJA.
So, is the push for efficiency via computer trashing *all* LJAs or just Cumbria LJA?
"Statutory exactitude or collapse?" In the current political and administrative climate, my bet's on collapse. Interesting times.
You mention the ‘rough and ready’ mags themselves, what is not mentioned is comity, the act of ignoring a ruling immediately the next like case arises such as council tax, where if argument questioning costs as not reasonably incurred is successful, costs may be removed and a liability order fails. The very next moment the remaining bulk list is ‘heard’, costs are awarded as if the previous 5 minutes had never taken place. Sian is adamant comity prevails, when stare decises was brought to her attention she balked at the very thought of an even playing field.