A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog

‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’

Full Story

UK Human Rights Blog, 11th September 2019

Source: ukhumanrightsblog.com

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

Full Story

UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

Peter Herbert becomes first judge to sue MoJ over race discrimination – The Guardian

‘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.’

Full Story

The Guardian, 12th September 2019

Source: www.theguardian.com

CBA chief criticises senior judiciary over wellbeing failure – Legal Futures

‘The outgoing chair of the Criminal Bar Association (CBA) has criticised senior judges for failing to follow their Family Division colleagues in adopting email and sitting hours protocols to aid wellbeing.’

Full Story

Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

CBA chief criticises senior judiciary over wellbeing failure – Legal Futures

Posted August 29th, 2019 in barristers, electronic mail, health, judiciary, news, working time by tracey

‘The outgoing chair of the Criminal Bar Association (CBA) has criticised senior judges for failing to follow their Family Division colleagues in adopting email and sitting hours protocols to aid wellbeing.’

Full Story

Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Public sector to launch ‘mass legal battle’ over pension reforms – The Guardian

‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’

Full Story

The Guardian, 27th August 2019

Source: www.theguardian.com

All but one of nine new High Court judges were at Oxbridge – Litigation Futures

Posted August 16th, 2019 in judicial appointments commission, judiciary, news, universities by tracey

‘Nine new High Court judges have been named this week, all but one of whom attended Oxford or Cambridge universities. The Judicial Appointments Commission said that, following an open competition launched in November 2018, it received 64 applications and made 17 recommendations for appointment in June 2019. The exercise was open to practitioners with or without previous judicial experience, but all of these appointments have it.’

Full Story

Litigation Futures, 16th August 2019

Source: www.litigationfutures.com

High Court Judge Appointments – Court and Tribunals Judiciary

Posted August 14th, 2019 in judiciary, news by michael

‘The Queen has been pleased to approve the appointment of seven Justices of the High Court. The appointments will take effect from 3 September 2019 and 1 October 2019 respectively. It is anticipated that a further ten appointments will be announced in the coming months.’

Full Story

Court and Tribunals Judiciary, 14th August 2019

Source: www.judiciary.uk

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by tracey

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

Full Story

UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Speech by the Lord Chief Justice of England and Wales at Mansion House – Courts and Tribunals Judiciary

Posted July 4th, 2019 in judiciary, news, rule of law by sally

‘Much attention in the media and political world is paid to the senior judiciary because that is where the more newsworthy, high-profile and ground-breaking judicial activity tends to occur. But this is not where the overwhelming majority of judicial decisions are made. Thousands of salaried and fee-paid judges dispense justice at first instance in Her Majesty’s Courts and Tribunals, in decisions of acute importance to those involved in them.’

Full Story

Courts and Tribunals Judiciary, 3rd July 2019

Source: www.judiciary.uk

Junior judges face zero-hours working conditions, say lawyers – The Guardian

Posted July 1st, 2019 in budgets, courts, criminal justice, Crown Court, judiciary, news, part-time work by sally

‘Junior judges are being put on what are in effect zero-hours contracts as the criminal justice system succumbs to a fresh round of austerity and courtrooms are closed down, lawyers are warning.’

Full Story

The Guardian, 30th June 2019

Source: www.theguardian.com

Barristers twice as likely as solicitors to make bench – Law Society’s Gazette

‘Solicitors applying to be judges are half as likely to succeed as barristers, figures published by the Judicial Appointments Commission indicate.’

Full Story

Law Society's Gazette, 6th June 2019

Source: www.lawgazette.co.uk

High Court judges’ pay raised to £236,000 a year to fill vacancies having ‘serious impact’ on courts – The Independent

Posted June 6th, 2019 in courts, delay, judiciary, news, pensions, remuneration, statistics by tracey

‘The government has increased the pay of High Court judges by 25 per cent to almost £240,000 a year in a bid to fill vacant posts.’

Full Story

The Independent, 5th June 2019

Source: www.independent.co.uk

Magistrates call for end to prison sentences under eight weeks – The Guardian

‘Prison sentences of less than eight weeks should no longer be imposed by the courts, the Magistrates’ Association is urging, in defiance of more radical government proposals.’

Full Story

The Guardian, 4th June 2019

Source: www.theguardian.com

Criminal barristers in England and Wales to vote on walkout over pay – The Guardian

‘Criminals barristers in England and Wales are to vote over a national walkout on 1 July in protest at low fees, which they say can be as low as £46.50 for a day in court.’

Full Story

The Guardian, 24th May 2019

Source: www.theguardian.com

Court modernisation “undermining access to justice”, lawyers tell MPs – Legal Futures

‘Criminal and civil lawyers have spelt out to MPs on the justice select committee a catalogue of ways in which court modernisation is undermining access to justice.’

Full Story

Legal Futures, 22nd May 2019

Source: www.legalfutures.co.uk

Solicitors call for more full-time employment judges – Litigation Futures

‘Employment tribunals are being forced to rush in part-time judges in order to try to clear the growing backlog of cases waiting to be heard, a specialist law firm has claimed.’

Full Story

Litigation Futures, 15th May 2019

Source: www.litigationfutures.com

Speech by the Lord Chief Justice: English Law on the World Stage – Courts and Tribunals Judiciary

Posted May 9th, 2019 in judges, judiciary, jurisdiction, legal profession, speeches by tracey

‘Speech by the Lord Chief Justice: English Law on the World Stage.’

Full speech

Courts and Tribunals Judiciary, 8th May 2019

Source: www.judiciary.uk

Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List – Courts and Tribunals Judiciary

‘Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List.’

Full speech

Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: cryptoassets as property – Courts and Tribunals Judiciary

Posted May 3rd, 2019 in computer programs, contracts, judges, judiciary, legal profession, speeches by tracey

‘Sir Geoffrey Vos, Chancellor of the High Court, gave a speech to the Joint Northern Chancery Bar Association and University of Liverpool Lecture, entitled: “Cryptoassets as property: how can English law boost the confidence of would-be parties to smart legal contracts?” ‘

Full speech

Courts and Tribunals Judiciary, 3rd May 2019

Source: www.judiciary.uk