Judge condemns laws that leave him powerless to give dangerous paedophile tough sentence – Daily Telegraph

‘Judge Andrew Woolman says laws mean he has to give sex offender Jason Leonard a “completely academic” sentence after he breached his licence conditions.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning – Judiciary of England and Wales

Posted December 15th, 2014 in Court of Protection, family courts, judges, speeches by sally

‘Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning at the Bristol University School of Law on 8 December 2014.’

Full speech

Judiciary of England and Wales, 12th December 2014

Source: www.judiciary.gov.uk

When is it time to stop judging? Age Discrimination and the Judiciary – Cloisters

Posted December 11th, 2014 in age discrimination, equality, judges, judiciary, news by sally

‘Mr White, a retired circuit judge, brought claims against the MoJ for age discrimination.

By an amendment, he added claims for breaches under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and an allegation that the decision not to appoint him to the position of deputy circuit judge after his retirement was an act of age discrimination. These two additional claims were subsequently dismissed on the basis that they were out of time.

The tribunal therefore only considered one issue: is the requirement for a judge to retire on his or her 70th birthday an act of age discrimination?’

Full story

Cloisters, 9th December 2014

Source: www.cloisters.com

Judge resigns after making racist remark about victim – The Guardian

Posted December 8th, 2014 in crime, immigration, judges, news, professional conduct, racism, victims by sally

‘An immigration judge has been forced to resign as a district judge after making a racist remark about a crime victim.’

Full story

The Guardian, 7th December 2014

Source: www.guardian.co.uk

Consult judges on devolution, says lord chief justice – Law Society’s Gazette

Posted December 4th, 2014 in bills, devolution, drafting, judges, judiciary, news by sally

‘The lord chief justice has called for judicial engagement in the drafting of new devolution bills that will be brought forward by the next parliament.’

Full story

Law Society’s Gazette, 3rd December 2014

Source: www.lawgazette.co.uk

Costs, Confusion and Compromise – Keynote Address of Mr Justice Foskett

Posted December 4th, 2014 in arbitration, costs, fees, judges, limitations, news, speeches by sally

Costs, Confusion and Compromise (PDF)

Keynote Address of Mr Justice Foskett

Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014

Source: www.judiciary.gov.uk

Court of Protection judge hits out at expense of cases costing £9,000 a month – Local Government Lawyer

Posted December 4th, 2014 in costs, Court of Protection, judges, news by sally

‘A judge has sharply criticised the delay and expense of proceedings in the Court of Protection, describing the relevant procedural rules as “inadequate”.’

Full story

Local Government Lawyer, 2nd December 2014

Source: www.localgovernmentlawyer.co.uk

Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

Full story

The Guardian, 2nd December 2014

Source: www.guardian.co.uk

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

Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

High Court judge blasts lack of judicial resources to meet care proceedings timings – Local Government Lawyer

Posted November 13th, 2014 in care orders, delay, family courts, judges, news by sally

‘A High Court judge refused to embark on a final hearing in a complex child care case because of lack of time and the absence of any slack in the family court system to allow for an early hearing, it has emerged.’

Full story

Local Government Lawyer, 13th November 2014

Source: www.localgovernmentlawyer.co.uk

Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

Posted November 13th, 2014 in advocacy, barristers, fees, judges, legal aid, news, solicitors by sally

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2014 – Judiciary of England and Wales

Posted November 13th, 2014 in judges, media, speeches by sally

‘The Lord Chief Justice, Lord Thomas, held his annual press conference on Wednesday, November 12th, 2014, at the Royal Courts of Justice.’

Full transcript

Judiciary of England and Wales, 12th November 2014

Source: www.judiciary.gov.uk

Be wary of judicial slogans – Jonathan Sumption – UK Human Rights Blog

Posted November 11th, 2014 in human rights, judges, news, proportionality, speeches by sally

‘In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.’

Full story

UK Human Rights Blog, 10th November 2014

Source: www.ukhumanrightsblog.com

European Arrest Warrant: Judges urge UK support – BBC News

Posted November 6th, 2014 in EC law, extradition, judges, legal profession, news, warrants by sally

‘The UK risks becoming a “safe haven” for foreign criminals if it votes to opt out of the European Arrest Warrant (EAW) system, senior judges have said.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

Judge attacks Chris Grayling for failing to provide prisoners with healthy sex courses – Daily Telegraph

‘High Court judge says the Justice Secretary is failing in his duty to provide the course high-risk prisoners need to take before they are considered for release.’

Full story

Daily Telegraph, 3rd November 2014

Source: www.telegraph.co.uk

Jackson calls for single limitation period – Litigation Futures

Posted November 4th, 2014 in contracts, judges, Law Commission, limitations, news, reports, speeches by sally

‘Lord Justice Jackson has called on the government to create a “single core limitation regime” for all claims in contract and tort, as recommended by the Law Commission.’

Full story

Litigation Futures, 4th November 2014

Source: www.litigationfutures.com

Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

Full story

The Independent, 31st October 2014

Source: www.independent.co.uk

Legal aid cuts denied mother a fair hearing, says senior judge – The Guardian

‘A senior family court judge has condemned the injustice of the newly pared-back legal aid system after an illiterate mother of four, with poor sight and hearing, was forced to represent herself in a court hearing over the custody of her children.’

Full story

The Guardian, 2nd November 2014

Source: www.guardian.co.uk