David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association

Posted January 12th, 2021 in brexit, EC law, judiciary, news, practice directions, precedent, Supreme Court by sally

‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’

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UK Constitutional Law Association, 11th January 2021

Source: ukconstitutionallaw.org

Judges told they should consider previous racial bias before sentencing – The Guardian

‘Judges and magistrates are to be given explicit reminders for the first time in sentencing guidelines of the disparity in punishments being imposed by the courts on white, Asian and black offenders.’

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The Guardian, 9th December 2020

Source: www.theguardian.com

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Commercial Court urges more use of junior advocates – Litigation Futures

‘The Commercial Court and COMBAR are looking at ways to ensure that junior advocates can get more time on their feet, encouraging solicitors and clients to consider their use on discrete issues.’

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Litigation Futures, 4th December 2020

Source: www.litigationfutures.com

Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association

Posted December 3rd, 2020 in constitutional law, diversity, judiciary, news, Supreme Court by tracey

‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’

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UK Constitutional Law Association, 1st December 2020

Source: ukconstitutionallaw.org

Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary

‘Lord Chief Justice press conference December 2020’

Full transcript

Courts and Tribunals Judiciary, 2nd December 2020

Source: www.judiciary.uk

Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent

Posted December 2nd, 2020 in judges, judiciary, legal profession, news, parliament, political parties, rule of law by tracey

‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk

Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar – Courts and Tribunals Judiciary

‘Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar.’

Full speech

Courts and Tribunals Judiciary, 25th November 2020

Source: www.judiciary.uk

Barristers aim to end “shocking” lack of diversity on Western Circuit – Legal Futures

Posted November 20th, 2020 in barristers, Crown Court, diversity, equality, judiciary, news, statistics by sally

‘A group of barristers has launched a bid to end what they describe as a “shocking” lack of diversity on the Western Circuit, where none of the full-time circuit judges are from Black, Asian or minority ethnic (BAME) backgrounds.’

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Legal Futures, 20th November 2020

Source: www.legalfutures.co.uk

The government and the judges – Counsel

Posted November 19th, 2020 in constitutional law, judiciary, news, parliament, Supreme Court by sally

‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

Judges “most likely to discriminate” against Black barristers – Legal Futures

Posted November 19th, 2020 in barristers, judiciary, magistrates, news, race discrimination, racism, reports, statistics by sally

‘Black barristers are most likely to experience racial discrimination from judges or magistrates than other lawyers, a report has found.’

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Legal Futures, 19th November 2020

Source: www.legalfutures.co.uk

Remote Hearings in the Family of Courts of England and Wales: what the research shows – Transparency Project

‘Hearings in the family courts of England and Wales are almost unrecognisable today to the hearings that took place prior to the outbreak of Covid-19. On 23 March 2020, it was announced that a nationwide lockdown was to begin the following day and last indefinitely. Between 23 March and 6 April, video hearings increased by 340% across courts and tribunals in England and Wales. Audio hearings increased by over 500%. Today, remote and hybrid (where some people attend in person and some via a telephone or video link) hearings have become commonplace. Even final hearings are now being conducted remotely. The transition to remote and hybrid hearings has helped to mitigate the delay before cases are heard. It helping to minimise an increasing backlog of cases. Telephone and video hearings have their benefits for parents, children and professionals alike, which might even see remote hearings continue in use in some cases beyond the pandemic. However, remote hearings come at a cost, as two consultations by the Nuffield Family Justice Observatory (NFJO) demonstrate.’

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Transparency Project, 13th November 2020

Source: www.transparencyproject.org.uk

UK supreme court could be left with only one female justice – The Guardian

Posted November 9th, 2020 in diversity, equality, gender, judiciary, news, Supreme Court, women by sally

‘Progress towards gender diversity on the UK’s highest court is in danger of being thrown into reverse, following the announcement that another female justice will retire shortly.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

Judicial Diversity and Inclusion Strategy 2020 – 2025 launched – Courts and Tribunals Judiciary

Posted November 5th, 2020 in diversity, judiciary, press releases by tracey

‘The Judicial Diversity and Inclusion Strategy has been published today (Thursday 5 November). It sets out the ambition, aim and objectives for the judiciary over the next five years.’

Full press release

Courts and Tribunals Judiciary, 5th November 2020

Source: www.judiciary.gov.uk

What Has Judicial Review Ever Done For Us? – Each Other

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

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Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

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The Guardian, 19th October 2020

Source: www.theguardian.com

Nicholas Reed Langen: Is the Supreme Court more interventionist? – UK Constitutional Law Association

Posted October 19th, 2020 in constitutional law, judges, judiciary, news, parliament, Supreme Court by sally

‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’

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UK Constitutional Law Association, 14th October 2020

Source: ukconstitutionallaw.org

Boris Johnson undermining courts to consolidate power, retired Supreme Court judge warns – The Independent

‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Supreme Court President Lord Reed wants more diversity in Supreme Court – BBC News

‘The new Supreme Court president says he hopes a justice from an ethnic minority background will be appointed before his retirement in six years’ time. Lord Reed said the lack of diversity among the 12 Supreme Court justices was a situation “which cannot be allowed to become shameful if it persists”.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Message from the Lord Chief Justice: Diversity of the judiciary – 2020 statistics – Courts & Tribunals Judiciary

‘I welcome publication of the Judicial Diversity Forum’s combined statistical report. It brings together data on the diversity of the judiciary, judicial appointments and from the relevant professional bodies (the Law Society, the Bar Council and the Chartered Institute of Legal Executives (CILEx).’

Full press release

Courts & Tribunals Judiciary, 17th September 2020

Source: www.judiciary.uk