Mother claims judge’s ‘outdated views’ on sexual assault led him to rule against her in child custody battle – Daily Telegraph

Posted December 6th, 2019 in bias, children, custody, domestic violence, judges, news, rape by sally

‘A mother has claimed that a judge’s “outdated views” on sexual assault led him to rule against her after she accused a former partner of rape during a child custody case.’

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Daily Telegraph, 5th December 2019

Source: www.telegraph.co.uk

Lady Hale predicts gender parity in judiciary by 2033 – The Guardian

Posted November 25th, 2019 in diversity, equality, judges, judiciary, news, remuneration, statistics by sally

‘Gender equality in the number of judges in England and Wales should be achieved by 2033 at the current rates of progress, according to Lady Hale, the president of the supreme court.’

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The Guardian, 23rd November 2019

Source: www.theguardian.com

The President’s New Clothes – Transparency Project

Posted November 25th, 2019 in domestic violence, families, family courts, judges, media, news by sally

‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’

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Transparency Project, 23rd November 2019

Source: www.transparencyproject.org.uk

Supreme Court judge calls for independent algorithm regulator – Legal Futures

Posted November 19th, 2019 in artificial intelligence, judges, news by sally

‘A Supreme Court justice has called for the creation of an expert commission to act as “a sort of independent regulator” of algorithms.’

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Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019 – Courts and Tribunals Judiciary

Posted November 15th, 2019 in courts, judges, legal history, speeches by tracey

‘The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019.’

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Courts and Tribunals Judiciary, 15th November 2019

Source: www.judiciary.uk

High Court recuses “organ grinder” circuit judge – Legal Futures

Posted November 14th, 2019 in bias, case management, judges, news, recusal by tracey

‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

SC judge calls for ‘expert commission’ on algorithms – Law Society’s Gazette

Posted November 14th, 2019 in artificial intelligence, equity, judges, news by tracey

‘A Supreme Court justice has added his voice to calls for the regulation of computer algorithms handling crucial decisions about people’s lives. An “expert commission” could help ensure that automated decision making processes have “a capacity for mercy”, Lord Sales (Philip Sales QC), said last night.’

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Law Society's Gazette, 13th November 2019

Source: www.lawgazette.co.uk

High Court recuses “organ grinder” circuit judge – Legal Futures

Posted November 13th, 2019 in bias, delay, disclosure, documents, judges, news, professional conduct, recusal by sally

‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

From contract to role: using human rights to widen the personal scope of employment protections – Oxford Human Rights Hub

‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’

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Oxford Human Rights Hub, 1st November 2019

Source: ohrh.law.ox.ac.uk

‘I was told women couldn’t survive as barristers’ – BBC News

Posted November 4th, 2019 in barristers, diversity, equality, judges, judiciary, news, women by sally

‘Two senior judges have spoken about the challenges they have faced in the justice system.’

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BBC News, 4th November 2019

Source: www.bbc.co.uk

Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer

‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers

‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’

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Littleton Chambers, 17th October 2019

Source: www.littletonchambers.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’

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Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

Gilham v Ministry of Justice: A New Chapter in Employment Protection? – Cloisters

‘The Supreme Court has delivered its decision in the landmark case of Gilham v Ministry of Justice. In conferring the right to pursue whistleblowing complaints on judges – and for that matter all office-holders – it has opened a new frontier for the role of the European Convention of Human Rights in employment disputes.’

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Cloisters, 16th October 2019

Source: www.cloisters.com

District judge ‘sarcastic and shaking with rage’ in flawed family hearing – Law Society’s Gazette

‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’

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Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

Hallett urges ‘zero tolerance’ on sexual harassment – Law Society’s Gazette

‘A senior judge has called on all organisations to provide a mentor for employees affected by sexual harassment or discrimination. Lady Justice Hallett told an event celebrating women in the judiciary last night that many women who qualified in the 1950s, 1960s and 1970s suffered sexual assault, discrimination and being patronised, but kept their heads down and hoped eventually their abilities would be recognised. They feared, “as some women today still fear”, they would be considered a trouble maker and their careers would suffer if they reported anyone.’

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Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

All Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog

‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’

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UK Human Rights Blog, 16th October 2019

Source: ukhumanrightsblog.com

New Judgment: Gilham v Ministry of Justice [2019] UKSC 44 – UKSC Blog

‘The issue in the appeal was whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996. If not, was this discrimination against her in the enjoyment of her right to freedom of expression, protected by article 14 taken together with article 10 of the European Convention on Human Rights?’

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UKSC Blog, 16th October 2019

Source: ukscblog.com

‘Whistleblowing’ judge wins landmark appeal at Supreme Court – BBC News

‘A judge, who says she was bullied and had a breakdown after speaking out about government cuts, has won a landmark appeal at the Supreme Court.’

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BBC News, 16th October 2019

Source: www.bbc.co.uk