At the end of last week, the New Law Journal carried an interesting report on the case of R. v. Applied Language Solutions. Applied Language Solutions is better known nowadays as Capita Translation & Interpreting, the not very competent custodians of the Ministry of Justice’s contract for providing interpreting services for courts and tribunals.
R. v. Applied Language Solutions itself concerned a disputed costs order for £23.25 imposed ALS it after a Slovakian interpreter arrived late at Sheffield Crown Court due to a communications mix-up.
However, what is of interest are the remarks of the judge, the President of the Queen’s Bench Division, Sir John Thomas, who expressed surprise at Capita Translation and Interpreting Ltd’s argument that it need only supply court interpreters on time and in the right place 98% of the time to fulfil its contractual obligations. Bear in mind at this point that 98% is the performance target set for the contract by the Ministry of Justice – a target that Capita has never even met once during the first 12 months of the contract (posts passim).
Delivering his judgment, Sir John said: “We cannot accept this argument…without [an interpreter] a case cannot proceed. It seems to us inconceivable that the Ministry of Justice would have entered into a contract where the obligation… was framed in any terms other than an absolute obligation. It is simply no use to a court having an interpreter there on 98% of occasions when interpreters are required, because if an interpreter is required justice cannot be done without one and a case cannot proceed.”
Sir John, the third most senior judge in England and Wales, evidently has more faith in the Ministry of Justice than some of us; it may be inconceivable to him that it entered into a contract with a percentage obligation, but that’s what it’s done.
Furthermore, Sir John would seem to have an absolutist view of the efficient administration of justice, first mentioned in Magna Carta to the effect that: “To no one will we sell, to no one will we refuse or delay, right or justice.” This principle was of course conveniently forgotten by the Ministry of Justice when concluding the ALS/Capita interpreting contract (posts passim).