‘Deplorable and terrible’: Bar warned of UK’s dwindling role on world stage – Law Society’s Gazette

‘The United Kingdom’s legal status on the global stage is under threat, an international law expert has warned, citing Brexit, the prorogation of Parliament and the dwindling count of UK judges serving on the benches of international judges.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers

Posted November 26th, 2019 in dispute resolution, employment, employment tribunals, judiciary, news by sally

‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’

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Littleton Chambers, 25th November 2019

Source: www.littletonchambers.com

‘What role do judges have in the fight against human trafficking?’ – Michelle Brewer delivers key note at OSCE International Conference – Garden Court Chambers

Posted November 26th, 2019 in judiciary, news, trafficking in human beings by sally

‘Michelle Brewer of Garden Court delivered the keynote address at the OSCE (Organisation for Security and Co-operation in Europe) international conference on ‘The Critical Role of the Judiciary in Combating Trafficking in Human Beings’.’

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Garden Court Chambers, 22nd November 2019

Source: www.gardencourtchambers.co.uk

Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2019 in domestic violence, family courts, judiciary, speeches by tracey

‘Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court.’

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Courts and Tribunals Judiciary, 19th November 2019

Source: www.judiciary.uk

Lady Hale predicts gender parity in judiciary by 2033 – The Guardian

Posted November 25th, 2019 in diversity, equality, judges, judiciary, news, remuneration, statistics by sally

‘Gender equality in the number of judges in England and Wales should be achieved by 2033 at the current rates of progress, according to Lady Hale, the president of the supreme court.’

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The Guardian, 23rd November 2019

Source: www.theguardian.com

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 19th November 2019

Source: www.familylaw.co.uk

Lady Hale: Courts should learn from tribunals on diversity – Legal Futures

Posted November 12th, 2019 in diversity, judiciary, news, tribunals by sally

‘Lady Hale, president of the Supreme Court, has called on the courts to learn lessons from the tribunal service in improving the diversity of judges.’

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Legal Futures, 12th November 2019

Source: www.legalfutures.co.uk

Expert who “fall short” face “much more robust” response – Litigation Futures

‘Expert witnesses who “fall short of the mark” face a “much more and properly robust” response from the courts, a recently retired Court of Appeal judge has warned.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

From contract to role: using human rights to widen the personal scope of employment protections – Oxford Human Rights Hub

‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’

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Oxford Human Rights Hub, 1st November 2019

Source: ohrh.law.ox.ac.uk

Tribunal judiciary “most diverse in Europe” – Litigation Futures

‘The tribunal judiciary is not only representative of the British population but “arguably the most diverse judiciary in Europe and perhaps beyond”, the Senior President of Tribunals has said.’

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Litigation Futures, 5th November 2019

Source: www.litigationfutures.com

‘I was told women couldn’t survive as barristers’ – BBC News

Posted November 4th, 2019 in barristers, diversity, equality, judges, judiciary, news, women by sally

‘Two senior judges have spoken about the challenges they have faced in the justice system.’

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BBC News, 4th November 2019

Source: www.bbc.co.uk

Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers

‘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.’

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Littleton Chambers, 17th October 2019

Source: www.littletonchambers.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

‘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.’

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Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

Gilham v Ministry of Justice: A New Chapter in Employment Protection? – Cloisters

‘The Supreme Court has delivered its decision in the landmark case of Gilham v Ministry of Justice. In conferring the right to pursue whistleblowing complaints on judges – and for that matter all office-holders – it has opened a new frontier for the role of the European Convention of Human Rights in employment disputes.’

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Cloisters, 16th October 2019

Source: www.cloisters.com

Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding – Courts and Tribunals Judiciary

Posted October 29th, 2019 in evidence, judiciary, news, reasons by tracey

‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’

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Courts and Tribunals Judiciary, 29th October 2019

Source: www.judiciary.uk

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘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.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

All Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog

‘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).’

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UK Human Rights Blog, 16th October 2019

Source: ukhumanrightsblog.com

New Judgment: Gilham v Ministry of Justice [2019] UKSC 44 – UKSC Blog

‘The issue in the appeal was whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996. If not, was this discrimination against her in the enjoyment of her right to freedom of expression, protected by article 14 taken together with article 10 of the European Convention on Human Rights?’

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UKSC Blog, 16th October 2019

Source: ukscblog.com

‘Whistleblowing’ judge wins landmark appeal at Supreme Court – BBC News

‘A judge, who says she was bullied and had a breakdown after speaking out about government cuts, has won a landmark appeal at the Supreme Court.’

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BBC News, 16th October 2019

Source: www.bbc.co.uk