Restructure: City lawyers warn that streamlining to one civil and family jurisdiction could dilute quality in specialist areas

The government is to press ahead with plans to create a single civil court and single family court, it revealed last week.


The two courts would encompass all the jurisdictions that are currently shared between the High Court, county courts and family proceedings courts.


A Department for Constitutional Affairs (DCA) official insisted there would be no new money for the proposals, which will be brought in 'under existing budgets'. He said the DCA was 'expecting some savings' from the new structure, which would be 'at worst, cost-neutral'.


But City lawyers warned that a single civil court could dilute quality in specialist areas. David McIntosh, chairman of the City of London Law Society and senior partner of Davies Arnold Cooper, said: 'I am concerned that we risk losing the quality of our specialist courts. There has been far too much meddling with civil justice proceedings and set-up over the last few years. The good intentions nearly always come without any willingness from the government to fund the changes.'


Anthony Maton, executive committee member of the London Solicitors Litigation Association, said: 'Generally, different processes and procedures in different courts only add cost and confusion. The reforms should make access to justice easier and cheaper.'


Family lawyers, meanwhile, said they had been campaigning for a single family court 'for decades'.


Christina Blacklaws, chairwoman of the Law Society's family law committee, said: 'I would give a huge welcome to the idea that family law is something very different, and should have the child at the heart of it. If there is a single family court with specialist judges throughout the court, that will reduce delays and mean better decisions. It should also address our concern that in order to become a family judge, you have to sit on criminal cases first.


'But there are huge concerns about IT, with the current system for family courts on its last legs. The court will need to be family-friendly, for example with playrooms, and that will have real cost implications.'


Resolution vice-chairman Andrew Greensmith added: 'At the moment, family courts are held in facilities that are wholly inappropriate, for example sharing waiting rooms with criminal defendants. The government will have to look carefully at what can be done with existing buildings.'


Law Society President Kevin Martin argued that a single court would make the court process easier for the public to navigate, but must be properly funded.


The proposals - first revealed by the Gazette - were put out to consultation in February, with the DCA's response published last week. The new courts could come into being 'within three or four years'.


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Link: www.dca.gov.uk/consult/civilcourt/civilcourt_cp0605.htm