Speech by Master of the Rolls: Criticising Judges: Fair game or off-limits? – Judiciary of England and Wales

Posted December 1st, 2014 in freedom of expression, judiciary, media, speeches by tracey

‘The Master of the Rolls gave the Third Annual BAILII Lecture on 27 November 2014.’

Full speech

Judiciary of England and Wales, 28th November 2014

Source: www.judiciary.gov.uk

Tax Tribunal backlog reaches record high – OUT-LAW.com

Posted November 25th, 2014 in delay, judiciary, news, taxation, tribunals by sally

‘The backlog of tax disputes waiting to be heard has reached a new record high with a particular surge in the number of high value cases lodged with the Upper Tribunal, according to Pinsent Masons, the law firm behind Out-Law.com.’

Full story

OUT-LAW.com, 25th November 2014

Source: www.out-law.com

Employment tribunal did research on Wikipedia “to help litigant in person” – Litigation Futures

‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’

Full story

Litigation Futures, 20th November 2014

Source: www.litigationfutures.com

Allegations Of Bias In Long And Complex Cases – Littleton Chambers

Posted November 18th, 2014 in appeals, bias, judiciary, news, recusal by sally

‘The Court of Appeal has handed down guidance on the approach to take to allegations of bias in long-running cases where a judge has substantial involvement in the prior stages of a case’s history.’

Full story

Littleton Chambers, 27th October 2014

Source: www.littletonchambers.com

Colm O’Cinneide and Kate Malleson: Are quotas for judicial appointments lawful under EU law? – UK Constitutional Law Association

‘In April 2014 Sadiq Khan, Shadow Secretary of State for Justice, asked Karon Monaghan QC and Geoffrey Bindman QC to review the options for a future Labour Government to improve diversity in the judiciary. On November 6th their report, entitled “Judicial Diversity: Accelerating change”, was published. Starting from the premise that “[t]he near absence of women and Black, Asian and minority ethnic judges in the senior judiciary is no longer tolerable”, it proposes a range of recommendations designed to speed up the glacial pace of change. Perhaps the most controversial of these is for the introduction of a quota system for women and BAME candidates. The report reviews the use of quotas in other UK institutions as well as their use in judicial appointments processes around the world, before addressing the question of whether such quotas would be lawful under EU law. This is a key question: EU law casts a long shadow in this context, as the Monaghan and Bindman report makes clear, given that any legislation enacted in Westminster to give effect to a quota system in the process of judicial appointments must conform to the requirements of EU law.’

Full story

UK Constitutional Law Association, 12th November 2014

Source: www.ukconstitutionallaw.org

Conor Gearty: On Fantasy Island: British politics, English judges and the European Convention on Human Rights – UK Constitutional Law Association

‘My first encounter with the fantasies that underpin English public law came in the 1980s. I had just starting teaching constitutional law and was taking my first year students through Dicey: the independent rule of law; the availability of remedies to all, without fear or favour; the common law’s marvellous protection of civil liberties; how great we were, how terrible the continent; and all the rest of it. Outside the classroom, striking miners were being routinely beaten up by the police, their picketing disrupted by road blocks, their liberty eroded by mass bail conditions. The Campaign for Nuclear Disarmament was having its marches banned and its protests inhibited by ‘no-go’ areas arbitrarily erected by the police around American bases into which it had been decided to move a new generation of nuclear weapons. Some of my students were even beaten up themselves, on a march against education cuts in London – much to their surprise given what I was teaching them.’

Full story

UK Constitutional Law Association, 13th November 2014

Source: www.ukconstitutionallaw.org

‘Wholly antiquated’: lord chief justice on court technology – LegalVoice

‘Our “antiquated” courts faced “severe crisis” without significant investment, the lord chief justice said yesterday. Lord Thomas of Cwmgiedd offered journalists a judicial perspective on the financial pressures being imposed upon the courts at his annual press conference.’

Full story

LegalVoice, 13th November 2014

Source: www.legalvoice.org.uk

Retiring law firm partners to be offered short cut to senior judiciary – Legal Futures

Posted November 14th, 2014 in diversity, judiciary, law firms, news by tracey

‘There is to be a drive to recruit retiring law firm partners to the senior judiciary in a bid to improve diversity, it has emerged.’

Full story

Legal Futures, 14th November 2014

Source: www.legalfutures.co.uk

Major report calls for quotas to increase diversity at top of judiciary – Litigation Futures

Posted November 6th, 2014 in consultations, diversity, judiciary, news, part-time work, reports by sally

‘A quota system should be introduced to address the under-representation of women and ethnic minority judges, a major independent report commissioned by the Labour Party has recommended.’

Full story

Litigation Futures, 6th November 2014

Source: www.litigationfutures.com

Patrick O’Brien: How active were pre-2009 judges as parliamentarians? – UK Constitutional Law Association

Posted October 28th, 2014 in constitutional reform, judges, judiciary, news, parliament by sally

‘Is the question of anything more than historical interest? The Constitutional Reform Act 2005 precluded judicial peers from contributing to parliamentary debate from 1 October 2009. Many of the Law Lords were opposed to the change, and many judges are at least nostalgic for the past arrangements. The current Lord Chief Justice (LCJ) of England and Wales, Lord Thomas, and his immediate predecessor, Lord Judge, have both publicly regretted the fact that they cannot speak in Parliament on matters of importance to the judiciary. To the extent that the outlook of judges today is shaped partly by the feeling that they have lost a valuable platform, the issue is worth exploring. In fact judges were very infrequent contributors to parliamentary debate. Whilst past Lord Chief Justices – and other judicial peers – may have occasionally used the chamber of the Lords as a platform for articulating judicial viewpoints, all things considered they did so rarely.’

Full story

UK Constitutional Law Association, 28th October 2014

Source: www.ukconstitutionallaw.org

Lord Chancellor should be “very senior lawyer” – Legal Futures

Posted October 17th, 2014 in barristers, judiciary, lord chancellor, news, parliament, rule of law by tracey

‘The Lord Chancellor should be a “very senior lawyer”, Nicholas Lavender QC, chairman of the Bar Council, has said. Justice secretary Chris Grayling told the House of Lords constitution committee this week that there were “no disadvantages” to the Lord Chancellor being, like him, a non-lawyer.’

Full story

Legal Futures, 17th October 2014

Source: www.legalfutures.co.uk

Bar Council Statement on the role of the Lord Chancellor – The Bar Council

Posted October 17th, 2014 in barristers, inquiries, judiciary, lord chancellor, parliament, press releases by tracey

‘Following the Lord Chancellor’s evidence on October 15 2014 to the House of Lords
Constitution Committee’s inquiry into the role of the Lord Chancellor, Nicholas Lavender QC, chairman of the Bar Council, said: “Justice is not a service that governments can choose to provide or not. It is a vital part of our constitutional arrangements. It needs to be defended and promoted to make the separation of powers a continuing reality and thereby to safeguard our democratic way of life for the future.” ‘

Full press release

The Bar Council, 16th October 2014

Source: www.barcouncil.org.uk

Women make up only 25% of judges in England and Wales – The Guardian

Posted October 10th, 2014 in diversity, equality, judiciary, news, reports, women by sally

‘The UK judicial system lags well behind the rest of Europe in terms of gender balance, according to a study of the relative efficiency of justice systems published on Thursday.’

Full story

The Guardian, 9th October 2014

Source: www.guardian.co.uk

Courts should not be given free rein to create new defences against trade mark infringement – OUT-LAW.com

Posted October 7th, 2014 in courts, defences, EC law, intellectual property, judiciary, news, trade unions by sally

‘Proposals by academics to allow new defences against trade mark infringement to be created in the future should be resisted, a trade mark law specialist has warned.’

Full story

OUT-LAW.com, 6th October 2014

Source: www.out-law.com

Master Gordon-Saker condemns lack of costs training for judges – Litigation Futures

Posted October 2nd, 2014 in budgets, continuing professional development, costs, judges, judiciary, news, speeches by tracey

‘Master Gordon-Saker, who replaced Peter Hurst as Senior Costs Judge yesterday, has used his first public speech in the role to launch a strongly-worded attack on the lack of training for judges in costs budgeting.’

Full story

Litigation Futures, 2nd October 2014

Source: www.litigationfutures.com

Fee-paid Judicial Pension Scheme – Ministry of Justice

Posted September 22nd, 2014 in consultations, fees, judiciary, news, pensions by sally

‘This consultation seeks views on the proposed design of the Fee-paid Judicial Pension Scheme (FPJPS).’

Full story

Ministry of Justice, 19th September 2014

Source: https://consult.justice.gov.uk

Judiciary needs fast-track scheme to boost diversity, says top judge – The Guardian

Posted September 18th, 2014 in diversity, judges, judiciary, law firms, litigants in person, news by tracey

‘A career judiciary with fast-track promotion to higher courts may be required to overcome lack of diversity on the bench, the UK’s most senior judge has suggested.’

Full story

The Guardian, 17th September 2014

Source: www.guardian.co.uk

Lord Chancellors should be judges, APIL argues – Legal Futures

‘Lord Chancellors should be recruited from the judiciary and no longer combine the role with that of justice secretary, the Association of Personal Injury Lawyers (APIL) has argued.’

Full story

Legal Futures, 29th August 2014

Source: www.legalfutures.co.uk

Changing legal education – OUP Blog

‘Martin Partington discussed a range of careers in his podcasts yesterday. Today [20 August], he tackles how new legal issues and developments in the professional environment have in turn changed organizational structures, rules and regulations, and aspects of legal education.’

Full story

OUP Blog, 20th August 2014

Source: www.blog.oup.com

Judges could hear information rights tribunal cases on their own – OUT-LAW.com

‘Judges could determine the outcome of some information rights tribunal cases on their own in future under just-published proposals.’

Full story

OUT-LAW.com, 19th August 2014

Source: www.out-law.com