European court is not superior to UK supreme court, says Lord Judge – The Guardian

Posted December 5th, 2013 in courts, human rights, judges, news, speeches, treaties by sally

‘The law should be changed to make it clear that British courts are not obliged to implement judgments of the European court of human rights (ECHR), according to the former lord chief justice.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Senior judge: European court of human rights undermining democratic process – The Guardian

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

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The Guardian, 28th November 2013

Source: www.guardian.co.uk

Profumo affair scapegoat’s wrongful conviction down to top judges, says QC – The Guardian

‘Senior judges were to blame for the wrongful conviction of osteopath Stephen Ward who become a public scapegoat during the Profumo affair, according a fresh legal examination of the 1963 trial.’

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The Guardian, 2nd December 2013

Source: www.guardian.co.uk

More laws are needed as religion declines, top judge says – Daily Telegraph

Posted November 29th, 2013 in human rights, judges, news, speeches, treaties by sally

“One of Britain’s most senior judges said the rapid rise in the number of laws in recent years had been necessary as other modes of social control such as religion and old fashioned morality declined.”

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Daily Telegraph, 28th November 2013

Source: www.telegraph.co.uk

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by tracey

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Stop deferring to human rights court, says senior judge – The Guardian

Posted November 28th, 2013 in courts, human rights, interpretation, judges, news, speeches, treaties by tracey

‘UK courts should stop deferring to the European court of human rights on every issue and develop their own rulings, according to Lord Justice Laws, the longest serving court of appeal judge.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

Short jail sentences disrupt criminals’ lives, says top judge – Daily Telegraph

Posted November 26th, 2013 in judges, news, prisons, sentencing by tracey

‘A top judge has been criticised for questioning the value of short prison sentences, saying they were ineffective and disrupted criminals’ home lives. Lord Neuberger, president of the Supreme Court, dismissed the idea jail time could help reform criminals and instead said a short stay behind bars could be “disruptive” for the prisoner’s job and family life.’

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Daily Telegraph, 26th November 2013

Source: www.telegraph.co.uk

Mark Elliott: Where next for the Wednesbury principle? A brief response to Lord Carnwath – UK Constitutional Law Group

Posted November 21st, 2013 in constitutional law, judges, judicial review, news, speeches by sally

“In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: ‘From judicial outrage to sliding scales—where next for Wednesbury?’ In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath.”

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UK Constitutional Law Group, 20th November 2013

Source: www.ukconstitutionallaw.org

From judicial outrage to sliding scales – where next for Wednesbury? – Lord Carnwath

Posted November 19th, 2013 in constitutional law, judges, judicial review, news, speeches by sally

From judicial outrage to sliding scales – where next for Wednesbury? (PDF)

Lord Carnwath

ALBA Annual Lecture, 12th November 2013

Source: www.supremecourt.gov.uk

Top judge calls for fixed legal fees to cut bills – Daily Telegraph

Posted November 18th, 2013 in barristers, costs, fees, judges, legal representation, news, solicitors by sally

“Lord Neuberger, president of the Supreme Court, wants to see lawyers paid fixed sums to prevent spiralling legal costs.”

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Daily Telegraph, 15th November 2013

Source: www.telegraph.co.uk

‘Awful conflict’: Judge despairs as couple’s divorce after 43 years leads to £700,000 bill – The Independent

Posted November 18th, 2013 in costs, dispute resolution, divorce, judges, news by sally

“A wealthy family seems to be ‘tearing itself apart’ in a legal battle which has already cost more than £700,000, a High Court judge has said.”

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The Independent, 15th November 2013

Source: www.independent.co.uk

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by tracey

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

Judge refuses to recuse himself in case where expert witness was his Oxford supervisor – Litigation Futures

Posted November 7th, 2013 in bias, expert witnesses, judges, news, patents, recusal by tracey

“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”

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Litigation Futures, 6th November 2013

Source: www.litigationfutures.com

Law, morality and religion in the family courts – Keynote address given by Sir James Munby

Posted November 1st, 2013 in family courts, judges, legal history, news, speeches by sally

Law, morality and religion in the family courts (PDF)

Keynote address given by Sir James Munby

The Law Society’s Family Law Annual Conference, 29th October 2013

Source: www.judiciary.gov.uk

Young Legal Aid Lawyers: Social Mobility – Speech by Lady Hale

Posted November 1st, 2013 in diversity, judges, legal profession, news, speeches by sally

Young Legal Aid Lawyers: Social Mobility (PDF)

Speech by Lady Hale

London South Bank University, 30th October 2013

Source: www.supremecourt.gov.uk

Senior judge warns of leap in Oxbridge lawyers – Daily Telegraph

Posted November 1st, 2013 in diversity, judges, legal profession, news, speeches by sally

“A ‘startling leap’ in the proportion of lawyers from Oxbridge and professional backgrounds threatens the diversity of the profession, Baroness Hale, Britain’s most senior female judge, warns.”

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Daily Telegraph, 1st November 2013

Source: www.telegraph.co.uk

Lord Neuberger on “Justice in an age of austerity” – CrimeLine

“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”

Full speech

CrimeLine, 15th October 2013

Source: www.crimeline.info

Lord Neuberger: Don’t restrict right to judicial review – Daily Telegraph

“The Government should not restrict people from seeking judicial review, the UK’s most senior judge has warned.”

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Daily Telegraph, 15th October 2013

Source: www.telegraph.co.uk

‘A rank denial of justice’ for vulnerable people: Senior judge attacks plan to cut legal aid by £350m – The Independent

“Britain’s most senior judge has warned the Government that its proposed cuts to the legal aid budget could mean ‘a rank denial of justice’ for vulnerable people.”

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The Independent, 15th October 2013

Source: www.independent.co.uk

Criminal law – Law Society’s Gazette

Posted October 9th, 2013 in appeals, barristers, criminal justice, defence, incitement, judges, news, sentencing, terrorism by sally

“Defendants being charged with a number of terrorism-related offences – First defendant’s trial counsel’s conduct at trial being criticised by judge and prosecution counsel on numerous occasions during trial.”

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Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk