Graham Gee: The Lord Chief Justice and Section 5 of the Constitutional Reform Act – UK Constitutional Law Association

Posted April 14th, 2014 in constitutional reform, judiciary, news, parliament by sally

‘The Constitutional Reform Act redrew relationships between the senior judiciary and Parliament in a number of ways. Amongst the most significant was removing the right of the LCJ to speak in the Lords. Earlier this month, the new LCJ Lord Thomas repeated the lament of his immediate predecessors that it was a mistake to deprive the LCJ of the right to address Parliament on the floor of the House on important matters relating to the administration of justice. In this context, some have read the LCJ’s suggestion of a new approach to s5 of the CRA as significant. Drawing on interviews conducted between 2011-13 as part of an AHRC-funded project on The Politics of Judicial Independence, I want to shed some light on tensions that have arisen about the use of s5.’

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UK Constitutional Law Association, 14th April 2014

Source: www.ukconstitutionallaw.org

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Should judges question vulnerable witnesses? – Halsbury’s Law Exchange

Posted April 11th, 2014 in barristers, cross-examination, judiciary, news, professional conduct, witnesses by sally

‘Sir Keir Starmer, the former Director of Public Prosecutions, has been in the news this week with the suggestion that vulnerable witnesses should be questioned by the Judge in the case rather than by counsel, and this idea should give us pause to reflect on both the role of the judge and the role of the advocate.’

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Halsbury’s Law Exchange, 10th April 2014

Source: www.halsburyslawexchange.co.uk

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The Judiciary: The Third Branch of the State – Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

Posted April 9th, 2014 in armed forces, judiciary, news, rule of law by sally

The Judiciary: The Third Branch of the State (PDF)

Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

RCDS Lecture, 3rd April 2014

Source: www.judiciary.gov.uk

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The City of London Solicitors’ Company – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted April 9th, 2014 in courts, diversity, judiciary, law firms, London, news, speeches by sally

The City of London Solicitors’ Company (PDF)

Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Judiciary of England and Wales, 31st March 2014

Source: www.judiciary.gov.uk

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Attorney general resists call to protect witnesses from court cross-examination – The Guardian

Posted April 8th, 2014 in attorney general, children, cross-examination, judiciary, news, trials, witnesses by sally

‘Dominic Grieve QC, the attorney general, has resisted calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers to avoid aggressive courtroom questioning .’

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The Guardian, 7th April 2014

Source: www.guardian.co.uk

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Alexander Horne: Is there a case for greater legislative involvement in the judicial appointments process? – UK Constitutional Law Association

Posted March 28th, 2014 in constitutional law, constitutional reform, judiciary, news, parliament by sally

‘The dramatic increase in public law and human rights cases coming before the UK Supreme Court (and the Appellate Committee before it) means that the UK’s top court is more frequently determining essentially socio-political questions. In addition, in recent years, the judiciary has pressed for a rather more expansive definition of judicial independence, with a greater emphasis on the institutional independence of the judiciary. This has tended to lead to more powerful leadership roles, for senior judges in particular.

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UK Constitutional Law Association, 27th March 2014

Source: www.ukconstitutionallaw.org

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Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the Human Rights Roundup – UK Human Rights Blog

‘This week, a challenge to the legal aid reforms by the Howard League for Penal Reform is rejected, while campaigners seeking an inquiry into the action of British soldiers in Malaya in 1948 face similar disappointment. Meanwhile, some of the most senior judges in the UK give their views on the role of the judiciary today.’

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UK Human Rights Blog, 23rd March 2014

Source: www.ukhumanrightsblog.com

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An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

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Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence? – UK Constitutional Law Association

Posted March 21st, 2014 in judiciary, news, rule of law by sally

‘If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system of justice?’ you would probably get ‘doing justice to all without fear or favour’ and ‘upholding the rule of law’ among the most common answers. And if you asked ‘what are the most important ways in which performance of these functions is secured?’ you would expect to get ‘independence of the judiciary’ among the answers.’

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UK Constitutional Law Association, 19th March 2014

Source: www.ukconstitutionallaw.org

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Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by tracey

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

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Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

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Perspectives on the Criminal Justice System – Speech by Lord Justice Gross, Senior Presiding Judge

Posted March 19th, 2014 in criminal justice, judiciary, rule of law, speeches by tracey

‘Perspectives on the Criminal Justice System. Speech by Lord Justice Gross, Senior Presiding Judge.’

Full speech

Judiciary of England and Wales, 19th March 2014

Source: www.judiciary.gov.uk

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Hitting the Balls out of Court: Are Judges Stepping Over the Line? – Speech by Lord Justice Moses

‘Hitting the Balls out of Court: Are Judges Stepping Over the Line?
Speech by Lord Justice Moses: Creaney Memorial Lecture 2014, 26/02/2014′

Full speech

Judiciary Of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

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Family Provision of Justices’ Reasons in uncontested Cases – Judiciary of England and Wales

‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’

Full text of guidance

Judiciary of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

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Are the judges too powerful? – Speech by The Rt Hon Lord Dyson, Master of the Rolls

Posted March 13th, 2014 in judges, judiciary, speeches by tracey

‘Mr Bentham was no great admirer of the judiciary. He once said “the same fungus, which when green, is made into Bar, is it not, when dry, made into Bench?” He distrusted the judges. When drafting a “New Plan for the organisation of the Judicial Establishment in France” in the 1820s, he was adamant that judges should not be permitted to legislate: “Appointed for the express purpose of enforcing obedience to the laws, their duty is to be foremost in obedience. Any attempt on the part of the judge to frustrate or unnecessarily to retard the efficacy of what he understands to have been the decided meaning of the legislature, shall be punished with forfeiture of his office.” ‘

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Judiciary of England and Wales, 12th March 2014

Source: www.judiciary.gov.uk

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Why an inquisitorial system for family courts won’t work – Halsbury’s Law Exchange

‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’

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Halsbury’s Law Exchange, 12th March 2014

Source: www.halsburyslawexchange.co.uk

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Senior judges lay bare hostility to government’s court fee rises – Litigation Futures

Posted March 6th, 2014 in consultations, courts, fees, judiciary, news by tracey

‘The senior judiciary has dismantled the government’s proposals to raise court fees, questioning the underlying policy, highlighting the “clearly inadequate” evidence and warning that introducing enhanced fees in commercial cases is “unworkable”.’

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Litigation Futures, 5th March 2014

Source: www.litigationfutures.com

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Court fee plans herald justice for those who can pay – senior judges – Law Society’s Gazette

Posted March 5th, 2014 in civil justice, costs, family courts, fees, judiciary, Ministry of Justice, news by sally

‘Senior judges have savaged government proposals for reforming court fees, warning that they are based on ‘inadequate’ and compromised research, and basic misconceptions about the way the courts operate.’

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Law Society’s Gazette, 4th March 2014

Source: www.lawgazette.co.uk

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New duty will require judges to report lawyers subject to wasted costs orders to regulators – Litigation Futures

Posted February 6th, 2014 in consultations, costs, immigration, judiciary, legal profession, news by sally

‘Judges making wasted costs orders (WCOs) are to be placed under a duty to report the lawyers involved to their regulator in a bid to make them “consider more carefully the decisions they make in handling a case”, the government has decided.’

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Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

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QASA given green light by High Court as JR fails – Legal Futures

‘A judicial review of the Legal Services Board’s approval of the Quality Assurance Scheme for Advocacy (QASA) has today been comprehensively rejected by the High Court.’

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Legal Futures, 20th January 2014

Source: www.legalfutures.co.uk

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MLA guidelines for foreign authorities – Home Office

Posted January 10th, 2014 in criminal procedure, foreign jurisdictions, judiciary, news by tracey

‘These guidelines describe mutual legal assistance (MLA) that can be provided by the UK.’

Full text

Home Office, 6th January 2014

Source: www.gov.uk/home-office

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