UN concern over disciplinary case against UK lawyer for ‘boys’ club’ remarks – The Guardian

‘Four UN special rapporteurs have warned that disciplinary proceedings against a female barrister for saying a judge had shown a “boys’ club attitude” may send “a disconcerting message” to lawyers challenging gender bias in custody and domestic abuse cases.’

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The Guardian, 16th July 2024

Source: www.theguardian.com

Being a solicitor or ethnic minority halves odds of becoming a judge – Legal Futures

‘Being a solicitor or from an ethnic minority more than halves the odds of successfully applying for the bench compared to white barristers, the latest figures on judicial diversity have revealed.’

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Legal Futures, 12th July 2024

Source: www.legalfutures.co.uk

Gabriel Tan and Lewis Graham: A Quiet Revolution – Rationality and the Parole Board – UK Constitutional Law Association

‘It is not that often that first instance judges in judicial review claims disagree as to the approach to be taken in the context of a core question relating to judicial review. When it happens, administrative lawyers are bound to take notice. This has most recently occurred in the context of rationality challenges to decisions taken by the Secretary of State for Justice to reject Parole Board recommendations to release or transfer to open conditions. The most interesting aspect of this recent phenomenon is that the High Court has managed to hand down, on our count, 13 reported decisions over the last two years, before the Court of Appeal has had the opportunity to “resolve” the issue, although a hearing is currently listed before the Court of Appeal in appeals against two of these decisions in October 2024. In this piece, we seek to explain the current position, highlighting areas of agreement and disagreement between first instance judges, and which questions remain, as yet, unresolved.’

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UK Constitutional Law Association, 11th July 2024

Source: ukconstitutionallaw.org

Driving reform: Sir Geoffrey Vos MR – Counsel

Posted July 11th, 2024 in judges, news by sally

‘Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers.’

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Counsel, July 2024

Source: www.counselmagazine.co.uk

Court of Appeal criticises judge who ‘entered the arena to an impermissible extent’ – Law Society’s Gazette

Posted July 2nd, 2024 in cross-examination, judges, news, witnesses by tracey

‘A judge accused of cross-examining an appellant during a hearing about a rejected residence card did not act fairly in his conduct and determination of the case, the Court of Appeal has found.’

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Law Society's Gazette, 1st July 2024

Source: www.lawgazette.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

A lawyer has been imprisoned for defrauding the Legal Aid Agency – Crown Prosecution Service

Posted June 25th, 2024 in barristers, fees, judges, legal aid, news, sentencing by tracey

‘A barrister and part-time immigration tribunal judge has been jailed for defrauding the Legal Aid Agency, along with other lawyers, by falsely claiming defence legal costs.’

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Crown Prosecution Service, 21st June 2024

Source: www.cps.gov.uk

High Court judge “compromised integrity” with CA application – Legal Futures

‘A High Court judge has been given a formal warning after it emerged that he had seen and commented on an independent assessment written for his application to join the Court of Appeal.’

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Legal Futures, 13th June 2024

Source: www.legalfutures.co.uk

Vulnerable children locked up and ‘gravely damaged by the state’, former top family judge warns – The Guardian

‘Vulnerable children with complex needs are being locked away in unregulated placements and are being “gravely damaged by the state” while their parents are driven to despair, according to England and Wales’s former top family judge. Sir James Munby terms the lack of provision of safe and therapeutic homes “a shocking moral failure”.’

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The Guardian, 9th June 2024

Source: www.theguardian.com

Carr urges KCs to give juniors oral advocacy opportunities – Legal Futures

Posted June 10th, 2024 in advocacy, barristers, diversity, judges, judiciary, news, professional conduct by tracey

‘The Lady Chief Justice has urged senior barristers to give their junior counsel chances to speak in court, both for their own development and the future diversity of the judiciary.’

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Legal Futures, 10th June 2024

Source: www.legalfutures.co.uk

Two more British judges resign from Hong Kong’s top court – The Guardian

Posted June 7th, 2024 in China, courts, Hong Kong, judges, news by sally

‘Two of the last remaining British judges to sit on Hong Kong’s top court have resigned, with one citing the political situation in the former colony.’

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The Guardian, 6th June 2024

Source: www.theguardian.com

Three years in prison for man who threw radiator at judge – Law Society’s Gazette

‘Aman has been jailed for three years for assaulting a judge during a hearing in a family court case in an incident which raised national concerns about court security.’

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Law Society's Gazette, 6th June 2024

Source: www.lawgazette.co.uk

Judge uses new power to “encourage” ADR in absence of agreement – Legal Futures

‘A High Court judge has used new powers to “encourage” the use of alternative dispute resolution (ADR) in family proceedings in the absence of agreement between the parties.’

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Legal Futures, 31st May 2024

Source: www.legalfutures.co.uk

Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Speech by the Master of the Rolls: The Future of Courts – Courts and Tribunals Judiciary

‘The Future of Courts: Expert Panel and Discussion.’

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Courts and Tribunals Judiciary, 15th May 2024

Source: www.judiciary.uk

Speech by the President of the Family Division: Adapting Adoption to the Modern World, Part Two – Courts and Tribunals Judiciary

Posted May 20th, 2024 in adoption, children, families, family courts, judges, mental health, news, speeches by tracey

‘Adapting Adoption to the Modern World: Part Two, Friday 17 May 2024 President of the Family Division The Right Honourable Sir Andrew McFarlane.’

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Courts and Tribunals Judiciary, 17th May 2024

Source: www.judiciary.uk

Senior judge predicts AI will transform the role of experts – Law Society’s Gazette

Posted May 20th, 2024 in artificial intelligence, expert witnesses, judges, news by tracey

‘A leading judge has told expert witnesses they will not be replaced by AI, despite the courts enthusiastically embracing the technology.’

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Law Society's Gazette, 20th May 2024

Source: www.lawgazette.co.uk

Applying Laws Across Time: Disentangling the ‘Always Speaking’ Principles – Oxford Journal of Legal Studies

Posted May 17th, 2024 in judges, judiciary, legislative drafting, news, statutory interpretation by sally

‘Common-law judges frequently claim to apply the “always speaking” principle. But they recognise that they are not clear on what it means, with Lord Leggatt recently calling the metaphor “enigmatic”. In this article, I seek to clarify this by showing that the “always speaking” metaphor is associated with at least four different types of principle, each of which responds to a distinct issue (although there is a common theme: change over time). I explore the origins of the “always speaking” metaphor, distinguish the four issues and explain how they relate. I argue that it is important to disentangle the four types of “always speaking” principle, with a focus on distinguishing principles of dynamic (versus originalist) interpretation from principles that empower judges to strain or “recast” legislation to deal with new developments sensibly. In doing so, I analyse and critique the judgments in the recent UK Supreme Court case of News Corp.’

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Oxford Journal of Legal Studies, 10th May 2024

Source: academic.oup.com

Family President issues guidance on urgent and out of hours applications to High Court Family Division – Local Government Lawyer

Posted May 17th, 2024 in families, family courts, judges, news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Speech by Mr Justice Nicklin: Transparency & Open Justice – Opportunities and challenges – Courts and Tribunals Judiciary

Posted May 13th, 2024 in courts, judges, judiciary, news by tracey

‘Speech by Mr Justice Nicklin: Transparency & Open Justice – Opportunities and challenges.’

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Courts and Tribunals Judiciary, 10th May 2024

Source: www.judiciary.uk