Lord Justice Gross: How can judges strengthen the rule of law?

Lord Justice Gross: How can judges strengthen the rule of law?
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25 July 2019

In this speech Lord Justice Gross emphasises the need for the enforcement of orders:

Furthermore, a functioning justice system must provide effective access to the Courts. While there is room for argument as to detail, the principle cannot be in doubt. It is hollow to provide rights without the means of accessing Courts to give effect to them; our concern is with practical not theoretical justice. Effective, readily available, legal advice and representation. Ease and effectiveness of enforcement.Costs that are not to be prohibitive; the Judiciary can properly take steps to ensure that court rules, practices and procedures do not increase the cost of litigation unnecessarily. And within the rules, judges should manage cases so that they are conducted at proportionate cost. Without access, property rights will not be secure, contractual rights will not be capable of ready enforcement: businesses will be neither able nor willing to invest and society will, as a consequence be impoverished. Equally, human and other civil rights and obligations will be incapable of effective implementation. Both the socio and economic demand of law will go unmet.The goals of sustainable development could not be achieved.

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