‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’
Transparency Project, 7th April 2020
Source: www.transparencyproject.org.uk
‘Criticism by former Supreme Court justice Lord Sumption of apparent over-reach by police officers enforcing Covid-19 lockdown restrictions appears to have struck a chord in the legal profession.’
Law Society's Gazette, 31st March 2020
Source: www.lawgazette.co.uk
‘”Shouting and snarling” is not the way to get judges to accept curbs to their powers, a former top judge has warned.’
BBC News, 13th March 2020
Source: www.bbc.co.uk
A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.
Legal Futures, 4th March 2020
Source: www.legalfutures.co.uk
‘A trans woman who threatened shop staff with a claw hammer escaped prison after a court heard there was no way to confirm her gender.
Daily Telegraph, 27th February 2020
Source: www.telegraph.co.uk
‘As judicial power around the world increased immensely throughout the 20th and early 21st century—to the point where judges can invalidate legitimately passed constitutional amendments, strike down signature pieces of legislation, vote to dissolve successful political parties, and exercise a host of other significant powers—the idea of holding judges to account has become more relevant than ever. And while the general rule regarding holding public power is that the more you have of it, the more you should be held to account for it, worldwide we’ve seen that this mantra doesn’t apply to the judiciary in a straightforward manner, given its possible impact on judicial independence. However, the way this balance of power developed is also deeply ironic. For a branch that makes such a large claim of holding the powerful to account, judiciaries remain firmly (and hypocritically) against holding themselves to account.’
UK Constitutional Law Association, 25th February 2020
Source: ukconstitutionallaw.org
‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘A group of senior judges at the helm of the civil courts are considering a review of the guideline hourly rates (GHR) “as a matter of urgency”, it has emerged.’
Litigation Futures, 21st February 2020
Source: www.litigationfutures.com
‘The last British member of the European court of justice has said she could sue the EU over an attempt by the bloc’s 27 member states to force her out.’
The Guardian, 17th February 2020
Source: www.theguardian.com
‘Restrictions on reporting cases in the family courts concerning child custody or distribution of assets are “hopelessly obsolescent” and should be repealed, a former judge has said.’
The Guardian, 11th February 2020
Source: www.theguardian.com
‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’
Becket Chambers, 3rd February 2020
Source: becket-chambers.co.uk
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