Brian Christopher Jones: The Widely Ignored and Underdeveloped Problem with Judicial Power – UK Constitutional Law Association

Posted February 26th, 2020 in constitutional law, judges, judiciary, news, professional conduct by sally

‘As judicial power around the world increased immensely throughout the 20th and early 21st century—to the point where judges can invalidate legitimately passed constitutional amendments, strike down signature pieces of legislation, vote to dissolve successful political parties, and exercise a host of other significant powers—the idea of holding judges to account has become more relevant than ever. And while the general rule regarding holding public power is that the more you have of it, the more you should be held to account for it, worldwide we’ve seen that this mantra doesn’t apply to the judiciary in a straightforward manner, given its possible impact on judicial independence. However, the way this balance of power developed is also deeply ironic. For a branch that makes such a large claim of holding the powerful to account, judiciaries remain firmly (and hypocritically) against holding themselves to account.’

Full Story

UK Constitutional Law Association, 25th February 2020

Source: ukconstitutionallaw.org

Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

Full Story

Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Judiciary to design new online consent course for family judges – Local Government Lawyer

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

Full Story

Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Senior judges mull guideline hourly rate review – Litigation Futures

Posted February 21st, 2020 in civil justice, costs, courts, fees, judges, news by sally

‘A group of senior judges at the helm of the civil courts are considering a review of the guideline hourly rates (GHR) “as a matter of urgency”, it has emerged.’

Full Story

Litigation Futures, 21st February 2020

Source: www.litigationfutures.com

Issues of consent in fact-find hearing – Becket Chambers

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

Full Story

Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

Full Story

Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

Full Story

Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

‘Outdated family-court rape views need addressing’ – BBC News

Posted February 19th, 2020 in appeals, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘A judge who dismissed a woman’s claim she had been raped, as she had done “nothing physically” to stop the alleged perpetrator, is among a number of family court judges to hold “outdated views”, a joint letter says.’

Full Story

BBC News, 19th February 2020

Source: www.bbc.co.uk

Last British member of European court of justice could sue EU – The Guardian

Posted February 18th, 2020 in brexit, EC law, judges, news by sally

‘The last British member of the European court of justice has said she could sue the EU over an attempt by the bloc’s 27 member states to force her out.’

Full Story

The Guardian, 17th February 2020

Source: www.theguardian.com

Commercial Court aims to tackle listing issues – Litigation Futures

‘The Commercial Court has pledged to try and eliminate listing issues that have occurred in the past year amid a reduction in the number of available judges.’

Full Story

Litigation Futures, 13th February 2020

Source: www.litigationfutures.com

Reporting restrictions turning family courts into black hole, say ex-judge – The Guardian

Posted February 11th, 2020 in family courts, judges, news, reporting restrictions by sally

‘Restrictions on reporting cases in the family courts concerning child custody or distribution of assets are “hopelessly obsolescent” and should be repealed, a former judge has said.’

Full Story

The Guardian, 11th February 2020

Source: www.theguardian.com

Lessons to be learned after judge criticised for ‘obsolescent’ views – Family Law

‘A family case has recently been the subject of an unusual level of attention from the media, both legal and mainstream, much of it reflecting badly upon the family justice system. I thought I should look at the case, in particular, the lessons that can, or cannot, be learned from it.’

Full Story

Family Law, 7th February 2020

Source: www.familylaw.co.uk

‘Training is not enough’: Family lawyers target Tolson over ‘outdated’ views on consent – Law Society’s Gazette

‘Lawyers, campaigners and politicians are calling for wider action to be taken after a judge was condemned for employing “obsolescent concepts” on consent in a family case.’

Full Story

Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

Full Story

Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Female judge criticises male colleague who told woman she wasn’t raped as she didn’t fight back – Daily Telegraph

Posted January 23rd, 2020 in appeals, consent, judges, news, rape by tracey

‘A female judge has criticised an “outdated” male colleague after he ruled that a woman had not been raped by her violent partner because she “took no physical steps” to stop him during sex.’

Full Story

Daily Telegraph, 22nd January 2019

Source: www.telegraph.co.uk

Tribunal Judge loses case of race discrimination against fellow Judges – Ely Place Chambers

‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’

Full Story

Ely Place Chambers, 14th January 2020

Source: elyplace.com

Judge under fire for telling violent abuser to take up running – Daily Telegraph

‘A judge has been criticised for telling a domestic violence offender to take up running to control his behaviour.’

Full Story

Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Female lawyers should not be forced to wear heels, says Baroness Hale – The Independent

‘The UK’s most senior judge has condemned law firms that demand female lawyers wear high heels, as she lamented the lack of “progress” on sex discrimination in the legal profession.’

Full Story

The Independent, 12th January 2020

Source: www.independent.co.uk

Police reject judge’s call to apologise over wrongful conviction – The Guardian

Posted January 13th, 2020 in appeals, deceit, evidence, judges, miscarriage of justice, news, police, professional conduct by tracey

‘Police have refused to apologise to a man wrongly jailed for 25 years because officers lied at his trial, even after the now-retired appeal court judge who quashed the conviction told the Guardian that the force should say sorry.’

Full Story

The Guardian, 13th January 2020

Source: www.theguardian.com

Lady Hale warns UK not to select judges on basis of political views – The Guardian

‘The government should not select judges on the basis of their political views as they do in the US, the outgoing president of the supreme court, Lady Hale, has warned.’

Full Story

The Guardian, 18th December 2019

Source: www.theguardian.com