Independence and public inquiries – why you need it and how you can lose it – UK Human Rights Blog

Posted November 10th, 2017 in inquiries, judiciary, news by tracey

‘There is a scene in “Yes Minister” in which the beleaguered Jim Hacker is contemplating a public inquiry into the latest failing of his department. He warily suggests to his Permanent Secretary, Sir Humphrey Appleby, that perhaps the judge chairing the inquiry could be leant on to come up with a favourable outcome. Sir Humphrey is outraged at this violation of the separation of powers. Surely the Minister wasn’t serious? After all, wouldn’t it be better to appoint a judge who didn’t need to be leant on in the first place?
Jim Duffy’s recent post on the Contaminated Blood Inquiry – and the importance of an inquiry being independent and being seen to be independent – brought this encounter to mind. The ever more frequent calls for a “judge-led inquiry” must be a source of both pride and concern to the judiciary. Pride as “judge-led” is a synonym for a forensic, thorough and above all independent tribunal to assess the matter in question. We will come to the concern later.

Full Story

UK Human Rights Blog, 9th November 2017

Source: ukhumanrightsblog.com

Peers warn of low morale in judiciary and call for greater diversity – The Guardian

Posted November 3rd, 2017 in diversity, judiciary, news, pensions, remuneration, select committees by tracey

‘The dilapidated state of some courts, a shortage of support staff and heavy administrative burdens are depressing the judiciary’s morale, a parliamentary report has warned.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com

Judiciary needs a pay rise – says senior judge on £200k salary – Daily Telegraph

Posted November 3rd, 2017 in judiciary, news, pensions, remuneration by tracey

‘The judiciary needs a pay rise, a senior judge paid more than £200,000 a year has said. Lord Justice Gross, who sits in the Court of Appeal, made the comments in a speech to the Institute of Maritime Law on Wednesday. He said: “No one goes into the Judiciary to make money. But there comes a point when pay is so far out of line with the private sector market that it endangers recruitment – of the very best – and retention. There is a danger in relying unduly on goodwill.”‘

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Daily Telegraph, 2nd November 2017

Source: www.telegraph.co.uk

Lord Reed at the Centre for Private Law, University of Edinburgh – Supreme Court

Posted November 2nd, 2017 in foreign jurisdictions, judges, judiciary, speeches, Supreme Court by tracey

‘Lord Reed at the Centre for Private Law, University of Edinburgh: Comparative Law in the Supreme Court of the United Kingdom, 13 October 2017.’

Full speech

Supreme Court, 13th October 2017

Source: www.supremecourt.uk

Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette

Posted October 20th, 2017 in employment tribunals, fees, judiciary, news, repayment by sally

‘Employment tribunals are failing to hit basic targets and judges are departing without being replaced, users have revealed. Minutes of the National User Group Meeting on employment tribunals report that tribunals are falling short of targets for completing and disposing of claims.’

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Law Society's Gazette, 19th October 2017

Source: www.lawgazette.co.uk

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

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Litigation Futures, 19th October 2017

Source: www.litigationfutures.com

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Solicitor General urges legal executives to seek judicial appointment – Legal Futures

Posted October 10th, 2017 in judicial appointments commission, judiciary, legal executives, news by sally

‘The Solicitor General has urged chartered legal executives to apply for judicial appointment in a bid to help make the bench more diverse.’

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Legal Futures, 10th October 2017

Source: www.legalfutures.co.uk

Brenda Hale sworn in as first female president of UK’s supreme court – The Guardian

Posted October 3rd, 2017 in diversity, judiciary, news, Supreme Court, women by sally

‘Brenda Hale, the first female president of the supreme court, and Sir Ian Burnett, the youngest lord chief justice for 50 years, have been sworn in at the opening of the legal year.’

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The Guardian, 2nd October 2017

Source: www.theguardian.com

McKenzie ban back to drawing board – Law Society’s Gazette

Posted September 18th, 2017 in codes of practice, consultations, fees, judiciary, Law Society, McKenzie friends, news by tracey

‘HM Judiciary is set to reassess some of its proposals for regulating the fast-expanding “McKenzie friend” sector after a consultation on banning fee recovery received “large numbers of responses”.’

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Law Society's Gazette, 15th September 2017

Source: www.lawgazette.co.uk

‘They funked it’ – LCJ’s dismay at inaction on older recorders – Law Society’s Gazette

Posted September 18th, 2017 in judges, judiciary, Ministry of Justice, news, recruitment, retirement, select committees by tracey

‘The lord chief justice has urged the government to deal with the thorny issue of forcing retirement upon part-time recorders believed to be clogging up the judicial system.’

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Law Society's Gazette, 18th September 2017

Source: www.lawgazette.co.uk

Bar Council responds to Lammy Review – The Bar Council

Posted September 11th, 2017 in criminal justice, diversity, judiciary, Ministry of Justice, press releases, reports by tracey

‘Robin Allen QC, Chair of the Bar Council’s Equality and Diversity and Social Mobility Committee, said today’s publication of the Lammy Review was a major contribution to the important and urgent task of securing a fair and equal criminal justice system.’

Full press release

The Bar Council, 8th September 2017

Source: www.barcouncil.org.uk

The Lord Chief Justice’s Report 2017 – Courts and Tribunals Judiciary

Posted September 7th, 2017 in civil justice, courts, criminal justice, judiciary, reports by tracey

‘The Lord Chief Justice has today laid his 2017 annual report before Parliament.’

Full report

Courts and Tribunals Judiciary, 7th September 2017

Source: www.judciary.gov.uk

Hale: Let opposition politicians help select top judges – Litigation Futures

‘Politicians from both opposition and government should be involved in appointing the most senior judges, Lady Hale has proposed.’

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Litigation Futures, 23rd August 2017

Source: www.litigationfutures.com

Britain could be subject to European Court rulings until 2027, it emerges – Daily Telegraph

Posted August 21st, 2017 in EC law, interpretation, judgments, judiciary, news, precedent by sally

‘Britain could be subject to rulings by the European Court of Justice for years after the UK leaves the European Union, it has emerged.’

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Daily Telegraph, 20th August 2017

Source: www.telegraph.co.uk

Why are judges worried about the ECJ’s post-Brexit role? – The Guardian

Posted August 9th, 2017 in EC law, interpretation, judiciary, news, precedent by sally

‘The country’s most senior judge has called for government guidance amid fears over legal precedents and the status of long-running cases.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Of course judges are worried about Brexit: their position is as clear as mud – The Guardian

Posted August 9th, 2017 in EC law, interpretation, judiciary, news by sally

‘The government must offer some clarity on the judiciary’s relationship to the ECJ – because the Brexit bill itself is ambiguous, and will lead to uncertainty all round.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Call for rethink on judges expressing opinions – Law Society’s Gazette

Posted July 31st, 2017 in criminal justice, judges, judiciary, magistrates, news, reports by sally

‘A former Court of Appeal judge has stoked the debate about judicial independence by suggesting that rules preventing judges from speaking about their role fuel media and public distrust of the criminal justice system.’

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Law Society's Gazette, 28th July 2017

Source: www.lawgazette.co.uk

Arguments over judicial bias should not be based on “feelings of client”, says incoming LCJ – Litigation Futures

Posted July 28th, 2017 in bias, judiciary, news by tracey

‘Arguments over “apparent bias” in judges should be based on the view of a “fair-minded and informed observer” and not the feelings of clients, Lord Justice Burnett has said.’

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Litigation Futures, 27th July 2017

Source: www.litigationfutures.com

Celebrate Lady Hale – then make the senior judiciary more diverse – The Guardian

Posted July 24th, 2017 in diversity, judges, judiciary, news, Supreme Court, women by sally

‘Brenda Hale’s appointment as president of the UK supreme court is a landmark. But the highest echelons of the legal profession still need change.’

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The Guardian, 23rd July 2017

Source: www.theguardian.com