‘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.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Littleton Chambers, 17th October 2019
Source: www.littletonchambers.com
‘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.’
Old Square Chambers, 16th October 2019
Source: www.oldsquare.co.uk
‘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.’
Law Society's Gazette, 25th October 2019
Source: www.lawgazette.co.uk
‘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.’
UK Human Rights Blog, 18th October 2019
Source: ukhumanrightsblog.com
‘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).’
UK Human Rights Blog, 16th October 2019
Source: ukhumanrightsblog.com
‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
‘A judge who granted search warrants in the Met’s discredited VIP paedophile inquiry has agreed with a report that concluded he was “misled” by police.’
BBC News, 9th October 2019
Source: www.bbc.co.uk
‘The copy of Lady Chatterley’s Lover used by the judge in the landmark 1960 obscenity trial is to remain in the UK, after the University of Bristol stepped forward to augment the money raised by a crowdfunding campaign backed by writers including Neil Gaiman and Stephen Fry.’
The Guardian, 1st October 2019
Source: www.theguardian.com
‘Dame Janet Smith and Dame Caroline Swift can be heard in a First 100 Years podcast talking about their life on the Northern Circuit, their friendship and their distinguished judicial careers.’
Courts and Tribunals Judiciary, 27th September 2019
Source: www.judiciary.uk
‘A prominent judge has told an employment tribunal that race discrimination is a “significant problem” in the judiciary that it is causing “deep distress” to black and minority ethnic lawyers. Peter Herbert, the chair of the Society of Black Lawyers who sits as a crown court recorder and an immigration judge, is suing the Ministry of Justice for race discrimination after he was disciplined for a speech he gave in 2015.’
The Guardian, 12th September 2019
Source: www.theguardian.com
‘An Albanian drugs kingpin who ran a multi-million pound cocaine racket only has to pay back £14,380 after the Crown Prosecution Service (CPS) requested a “risible” sum, a judge has complained.’
Daily Telegraph, 4th September 2019
Source: www.telegraph.co.uk
‘A Scottish judge has refused to order a temporary halt to Boris Johnson’s plan to shut down the UK Parliament.’
BBC News, 30th August 2019
Source: www.bbc.co.uk
‘A UK immigration judge rejected the asylum claim of a man from a country where homosexuality is illegal in part because he did not have a gay “demeanour”, a lawyer has revealed.’
The Guardian, 21st August 2019
Source: www.theguardian.com
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