Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime Speeches – Courts and Tribunals Judiciary

Posted April 2nd, 2024 in criminal justice, judiciary, mental health, news, sentencing, speeches by tracey

‘Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime.’

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Courts and Tribunals Judiciary, 21st March 2024

Source: www.judiciary.uk

Bar Council issues warning over Garrick Club membership – Legal Futures

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news by tracey

‘The Bar Council said yesterday that membership of the men-only Garrick Club creates “the potential for unfair advantage” when it came to practitioners needing references to become judges.’

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Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

At the heart of the Bar Council is a “commitment to fairness, equality and diversity” says Chair Sam Townend KC – The Bar Council

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news, women by tracey

‘In response to the media reports about membership of the Garrick Club, the Bar Council has issued the following statement:
Chair of the Bar Council, Sam Townend KC, said: “At the heart of the Bar Council’s work, as the representative body for all barristers in England and Wales, is a commitment to fairness, equality and diversity. We are proud of the work that the Bar Council does in striving to achieve an inclusive and meritocratic legal profession.”‘

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The Bar Council, 27th March 2024

Source: www.barcouncil.org.uk

Conor Crummey : The Safety of Rwanda (Asylum and Immigration) Bill and the Judicial ‘Disapplication’ of Statutes – UK Constitutional Law Association

Posted March 26th, 2024 in bills, constitutional law, deportation, immigration, judiciary, news, parliament, Rwanda by tracey

‘The myriad problems with the Safety of Rwanda (Asylum and Immigration) Bill, as well as the policy that the Bill is supposed to facilitate, have been clearly documented. One common criticism is that the Bill would precipitate a “constitutional crisis” by provoking the courts into refusing to recognise its legal effect. Adam Tucker argues that the Bill’s most problematic sections could very well “count as a novel entry in our canon of possible limits of parliamentary sovereignty”. Jeff King argues that the House of Lords would be justified in radically amending or voting the Bill down, precisely because of the danger that it might incite a constitutional crisis. The Lords suggested sweeping amendments to the Bill, all of which were rejected by the Commons. The Bill will continue to go through a ping-pong process between each House before a final wording is settled.’

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UK Constitutional Law Association, 26th March 2024

Source: ukconstitutionallaw.org

Judge in Court of Protection declines request for judicial visit due to risk of “unconscious bias” – Local Government Lawyer

Posted March 12th, 2024 in autism, bias, Court of Protection, judiciary, news, practice directions by tracey

‘A judge sitting in the Court of Protection has declined to meet the applicant in advance of a capacity hearing, over concerns that a judicial visit “may influence decision making” and cause unfairness to the parties.’

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Local Government Lawyer, 12th March 2024

Source: www.localgovernmentlawyer.co.uk

Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol – Courts & Tribunals Judiciary

‘The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol comes into effect on 1 March 2024. It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.’

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Courts & Tribunals Judiciary, 1st March 2024

Source: www.judiciary.uk

The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court

Posted February 27th, 2024 in contracts, interpretation, judiciary, news, Privy Council, Supreme Court by tracey

‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’

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Supreme Court, 23rd February 2024

Source: www.supremecourt.uk

Ministers to press ahead with legislation to exonerate Post Office Horizon victims – The Guardian

‘Ministers have vowed to press ahead with legislation to automatically overturn convictions related to the Post Office Horizon scandal by the end of July.’

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The Guardian, 22nd February 2024

Source: www.theguardian.com

Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by tracey

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

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UK Constitutional Law Association, 20th February 2024

Source: ukconstitutionallaw.org

Sanjit Nagi: The Stranglehold of New Labour and Lord Irvine’s Rights-based Constitution – UK Constitutional Law Association

‘Last year’s Supreme Court decision in R (AAA) v Home Secretary – which found the British government’s Rwanda policy to be unlawful – has reignited broader debates about the position of a government which commands a majority in Parliament vis a vis the judiciary, the separation of powers, the extent to which legislating against judicial decisions is constitutionally proper or compatible with the rule of law, and the appropriateness of disapplying sections of the Human Rights Act 1998 (HRA 1998). This post does not restate or reengage with such topics; substantive attention has already been given by Tom Hickman KC, Professor Mark Elliott, Adam Tucker, Professor Sarah Singer, and Richard Ekins KC et al. Neither does it take a position on the feasibility or desirability of any specific government policy, the continued operation of HRA 1998, or membership of the European Convention on Human Rights (ECHR).

Instead, this post will argue that the backlash to and disapproval of the British government’s response to R (AAA) – the introduction of the Safety of Rwanda Bill, which, amongst other measures, allows Parliament to diverge from the Supreme Court’s judgment – neatly evidences the intended effect of New Labour and Lord Derry Irvine’s HRA 1998 system and judicial reforms.’

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UK Constitutional Law Association, 15th January 2024

Source: ukconstitutionallaw.org

Sammy Talalay: The Lord Chancellor, the independence of the judiciary and the rule of law – UK Constitutional Law Association

‘At the beginning of the year, this blog covered the report from the House of Lords Constitution Committee into the Lord Chancellor and the Law Officers, with Conor Casey’s post focusing in particular on the latter. This post aims to ensure that 2023 is bookended by consideration of the issues addressed in the committee’s report – and in the subsequent Lords debate on that report in July – by providing a closer look at the role of the Lord Chancellor.’

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UK Constitutional Law Association, 19th December 2023

Source: ukconstitutionallaw.org

Artificial Intelligence (AI) – Judicial Guidance – Courts and Tribunals Judiciary

Posted December 15th, 2023 in artificial intelligence, codes of practice, consultations, judges, judiciary, news by tracey

‘The use of Artificial Intelligence (“AI”) throughout society continues to increase, and so does its relevance to the court and tribunal system. All judicial office holders must be alive to the potential risks. Of particular importance, as the guidance document emphasises, is the need to be aware that the public versions of these tools are open in nature and therefore that no private or confidential information should be entered into them.’

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Courts and Tribunals Judiciary, 12th December 2023

Source: www.judiciary.uk

Generative AI could be useful “secondary tool”, judges told – Legal Futures

Posted December 13th, 2023 in artificial intelligence, judges, judiciary, news by sally

‘Generative AI could be a “potentially useful secondary tool” for judges to use in the course of their work, according to new guidance from the senior judiciary.’

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Legal Futures, 13th December 2023

Source: www.legalfutures.co.uk

Judiciary blamed for upsurge of bullying at bar – Law Society’s Gazette

Posted December 11th, 2023 in barristers, bullying, equality, harassment, judiciary, news, statistics by tracey

‘The bar is reporting a fresh surge of concern about bullying, harassment and discrimination – with most of the reports identifying members of the judiciary as culprits.’

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Law Society's Gazette, 8th December 2023

Source: www.lawgazette.co.uk

Court of Appeal: Judges can order parties to engage in ADR – Legal Futures

Posted November 30th, 2023 in dispute resolution, judiciary, news, stay of proceedings by sally

‘Courts can order parties to engage in alternative dispute resolution (ADR), so long as it does not restrict their ability to proceed to a judicial hearing, the Court of Appeal ruled today.’

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Legal Futures, 29th November 2023

Source: www.legalfutures.co.uk

Guy Baldwin: The Case for Moderate Constitutionalism in the UK – UK Constitutional Law Association

Posted November 7th, 2023 in constitutional law, government departments, human rights, judiciary, news by sally

‘Part of the debate around accountability in the UK concerns the judiciary and its relationship with the elected parts of government. A potentially useful concept in assessing this relationship is constitutionalism. This post is a summary of my presentation at the recent UKCLA Conference in Liverpool, in which I engaged with some long-running debates around constitutionalism. I argue here that there is a version of constitutionalism, which I term “moderate constitutionalism”, that is normatively desirable and suited to the UK’s constitutional tradition. After discussing the situation of constitutionalism in the UK and setting out the case for moderate constitutionalism, I identify some possible implications of the analysis for the system of government in the UK. What is presented here is an early sketch, at a high level, of an account that I intend to develop in significantly greater detail in the future.’

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UK Constitutional Law Association, 7th November 2023

Source: ukconstitutionallaw.org

Law compelling convicts to be in court for sentencing expected in King’s Speech – The Independent

Posted October 25th, 2023 in criminal justice, government departments, judges, judiciary, news, trials by sally

‘A law allowing judges to force convicted criminals to be in court for their sentencing will be in the King’s Speech, the Justice Secretary has indicated.’

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The Independent, 25th October 2023

Source: www.independent.co.uk

New appointment to the UK Supreme Court – Supreme Court

Posted October 17th, 2023 in judges, judiciary, news, Supreme Court by sally

‘Dame Ingrid Simler, Lady Justice of Appeal, is appointed as a Justice of the Supreme Court to fill the vacancy created by Lord Kitchin’s retirement, it was announced today.’

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Supreme Court, 17th October 2023

Source: www.supremecourt.uk

Judges told not to jail rapists due to overcrowded prisons – The Independent

Posted October 12th, 2023 in bail, early release, judiciary, news, prisons, sentencing by sally

‘Defendants convicted of some of the most serious crimes including rape and burglary will reportedly face delays in going to prison from next week because jails are full.’

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The Independent, 12th October 2023

Source: www.independent.co.uk

Dame Sue Carr sworn in as Lady Chief Justice – Courts and Tribunals Judiciary

Posted October 3rd, 2023 in judges, judiciary, news, oaths by sally

‘Dame Sue Carr today [2 October] becomes, and will be known as, the Lady Chief Justice of England and Wales.’

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Courts and Tribunals Judiciary, 2nd October 2023

Source: www.judiciary.uk