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Lord Justice Briggs publishes final proposals for reform of Civil Justice

Shared jurisdiction to remain for TOLATA and Inheritance Act claims

Lord Justice Briggs has published his final report into the structure of the civil courts: The Civil Courts Structure Review.

Within the report Lord Justice Briggs considers jurisdiction of the civil and family court in respect of TOLATA and Inheritance Act claims. He concludes that "the preservation of shared jurisdiction, in a way which ensures that the whole of any particular dispute can be fully dealt with in one set of proceedings in one court or the other, is preferable to attempts to carve out exclusive jurisdiction in relation to a subject which, by its nature, straddles the two."

The review makes a number of recommendations on different aspects of the civil justice system, such as enforcement of court rulings, the structure of the courts and deployment of judges. These are summarised below:

In signing off his final report, Lord Justice Briggs comments:

"It is for others to decide which of the above recommendations should be implemented, and by what means.  In my view, if they are all substantially implemented, then the essentially high quality of the civil justice service provided by the courts of England and Wales will be greatly extended to a silent community to whom it is currently largely inaccessible, and both restored and protected against the weaknesses and threats which currently affect it."

For the report, click here.