Judge refuses to recuse herself over counsel link – Litigation Futures

Posted July 8th, 2020 in barristers, bias, judges, litigants in person, McKenzie friends, news, recusal by sally

‘A High Court judge has refused a request from a litigant in person to recuse herself from hearing a case where she had briefly supervised counsel for the defendants at her old chambers.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com

Lewis Graham: Lessons from Lord Hope’s Diaries: judicial ideology and panel selection – UK Constitutional Law Association

Posted June 18th, 2020 in judges, judiciary, news, Supreme Court by sally

‘Even in a more transparent and open Supreme Court, glimpses behind the curtain of officialdom are seldom offered to the public. This is understandable; the independence and impartiality of the judiciary sets it apart from other branches of the state. As Lord Neuberger (The Power of Judges, p.22) has noted, to be effective, “justice has always to be detached, almost Olympian”. We may know of judges in their official capacity, but once they adopt their robes, personal accounts of their day-to-day lives generally remain off-limits.’

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UK Constitutional Law Association, 18th June 2020

Source: ukconstitutionallaw.org

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in appeals, chambers articles, defamation, judges, media, news, retrials, Supreme Court by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

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UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

Top judges call for ADR “acceleration” in face of Covid-19 – Litigation Futures

Posted June 5th, 2020 in contracts, coronavirus, dispute resolution, judges, news by sally

A group of senior former judges and legal academics has called for an acceleration in the take-up of alternative dispute resolution (ADR) in the face of commercial contract disputes arising from Covid-19.

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Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer

Posted June 1st, 2020 in adoption, children, families, family courts, judges, local government, news by sally

‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’

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Local Government Lawyer, 29th May 2020

Source: www.localgovernmentlawyer.co.uk

First hijab-wearing UK court judge hopes to be ‘trailblazer’ – BBC News

‘A woman who is the first UK deputy district judge to wear a hijab said she hoped to be a “trailblazer”.’

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BBC News, 27th May 2020

Source: www.bbc.co.uk

First academic to become Supreme Court judge to be sworn in at closed ceremony next month – Local Government Lawyer

Posted May 20th, 2020 in judges, news, Supreme Court by sally

‘The first Justice of the Supreme Court to be appointed direct from academia, Professor Andrew Burrows, will be sworn in at a closed ceremony on 2 June, it has been announced.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

QC says judge should have recused himself in school friend case – Litigation Futures

Posted May 18th, 2020 in barristers, bias, judges, news, recusal by sally

‘Leading QC Dinah Rose has questioned the decision of a judge not to recuse himself from hearing a case where he had been at school with the director of a defendant company more than 45 years ago.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com

Judge denies bias in favour of former school friend – Litigation Futures

Posted May 13th, 2020 in bias, disclosure, insolvency, judges, news, recusal by sally

‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’

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Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

Judge explains himself in writing after phone hearing fails – Legal Futures

‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’

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Legal Futures, 13th May 2020

Source: www.legalfutures.co.uk

Judge questions coronavirus case against ‘homeless’ London man – The Guardian

‘A judge has questioned the Crown Prosecution Service’s decision to charge a man who said he was homeless with allegedly breaching coronavirus regulations by leaving “the place where he was living”.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Jury trials face ‘biggest change since WW2’ – BBC News

‘Coronavirus could prompt the biggest changes to jury trials since World War Two, the head of judiciary in England and Wales has told the BBC.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Judicial heavyweights call for ‘breathing space’ to save dispute resolution system – Law Society’s Gazette

Posted April 29th, 2020 in coronavirus, dispute resolution, judges, news by sally

‘International courts and arbitral tribunals need a “breathing space” if they are not to be overwhelmed by a wave of commercial cases due to the pandemic, a group of senior retired judges said today.’

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Law Society's Gazette, 27th April 2020

Source: www.lawgazette.co.uk

Coronavirus: Custody fight parents told not to exploit lockdown – BBC News

Posted April 22nd, 2020 in children, coronavirus, custody, families, judges, news, parental rights by sally

‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’

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BBC News, 21st April 2020

Source: www.bbc.co.uk

Judge demands “level playing field” on recording medical examinations – Litigation Futures

‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’

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Litigation Futures, 21st April 2020

Source: www.litigationfutures.com