Home Office accused of pressuring judiciary over immigration decisions – The Guardian

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Publication and correction of judgments – official and unofficial sources – Transparency Project

Posted April 29th, 2020 in courts, internet, judgments, judiciary, Ministry of Justice, news, tribunals by sally

‘Who is responsible for publishing the official approved version of judgments of the courts? Where should we look to find the latest, in some cases corrected, version of a court judgment? These are not new questions, but the sudden swerve to virtual justice has thrown them into new focus.’

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Transparency Project, 29th April 2020

Source: www.transparencyproject.org.uk

Judiciary sets up working party to bring back jury trials – Law Society’s Gazette

Posted April 24th, 2020 in coronavirus, courts, health, health & safety, judiciary, juries, news, trials by sally

‘The prospect of jury trials restarting has come closer with news that the judiciary has set up a working party to consider how they can be brought back as soon as it is safe to do so. The news comes shortly after lord chancellor Robert Buckland said he wanted jury trials back up and running as quickly as possible.’

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Law Society's Gazette, 24th April 2020

Source: www.lawgazette.co.uk

Covid-19 testing extended to frontline court staff and judges – Law Society’s Gazette

‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’

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Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

EP 108: Renewed lockdown, new guidance: new episode – Dominic Ruck Keene & Darragh Coffey – Law Pod UK

‘Rosalind English talks to two barristers who happen to have served in the armed forces before going to the law, so they know something about emergencies and personal protective equipment. Dominic Ruck Keene and Darragh Coffey consider the probable attitude of the judiciary to any challenges regarding the government’s responsibility for preparedness, lockdown, and their their obligations under Articles 2 and 5 of the European Convention on Human Rights, as well as Article 11. How are we as a society, and the government, going to regard the question of “judicial activism” in this unprecedented situation in a post-pandemic UK?’

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Law Pod UK, 20th April 2020

Source: audioboom.com

Judges cannot be expected to undertake their full list remotely: senior members of judiciary warn – Local Government Lawyer

Posted April 16th, 2020 in coronavirus, courts, judges, judiciary, live link evidence, news, trials by sally

‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

Use of Artificial Intelligence by the Judiciary in the Face of COVID-19 – Oxford Human Rights Hub

‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

Judges to have wider powers in contempt rules rewrite – Litigation Futures

Posted March 11th, 2020 in civil procedure rules, contempt of court, court dress, judiciary, news by tracey

‘Judges could be handed wider powers to take the initiative over contempt of court in draft rules proposed by the Civil Procedure Rule Committee (CPRC).’

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Litigation Futures, 11th March 2020

Source: www.litigationfutures.com

Supreme Court president refuses to rule out stepping down if Boris Johnson tries to politicise judiciary – The Independent

Posted March 5th, 2020 in judiciary, ministers' powers and duties, news, Supreme Court by tracey

‘The president of the Supreme Court has declined to rule out resigning if Boris Johnson attempts to politicise the judiciary.’

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The Independent, 4th March 2020

Source: www.independent.co.uk

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.’

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UK Constitutional Law Association, 25th February 2020

Source: ukconstitutionallaw.org

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.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

‘Misconceived’: ECtHR chief hits back at Sumption over rights – Law Society’s Gazette

Posted February 24th, 2020 in families, human rights, judiciary, news, parliament, privacy, rule of law by sally

‘Now is a dangerous time to roll back judicial power, the vice president of the European Court of Human Rights has said in a public rebuff to Lord Sumption’s high profile criticism of ‘law’s expanding empire’.’

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Law Society's Gazette, 22nd February 2020

Source: www.lawgazette.co.uk

Family courts not safe for domestic violence victims, lawyers say – The Guardian

Posted February 20th, 2020 in domestic violence, family courts, judiciary, news, rape, victims by sally

‘The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

The QC Tipped To Lead The Effort To ‘Update’ Human Rights Laws – Each Other

‘The attorney general, Geoffrey Cox QC, has been tipped to lead a new government commission tasked with updating human rights laws and reforming the judiciary.’

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Each Other, 12th February 2020

Source: eachother.org.uk

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.’

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Litigation Futures, 13th February 2020

Source: www.litigationfutures.com

White men still dominate judiciary, says Justice report – The Guardian

Posted January 29th, 2020 in diversity, equality, gender, judiciary, Ministry of Justice, news, statistics by sally

‘Progress to improve diversity in the judiciary is too slow and there has been stagnation in the appointment of BAME judges, according to a damning report by an influential law reform group whose head warns that senior roles are still “dominated by white men”.’

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The Guardian, 29th January 2020

Source: www.theguardian.com

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.’

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Ely Place Chambers, 14th January 2020

Source: elyplace.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.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette

Posted December 17th, 2019 in contract of employment, judiciary, news, part-time work, pensions, Supreme Court by tracey

‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’

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Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

Guidelines for judges to divert newborns from care proceedings – Law Society’s Gazette

Posted December 12th, 2019 in birth, care orders, judiciary, local government, news, pregnancy, reports by tracey

‘Newborns could be diverted from care proceedings if more time is given to pre-birth assessments where there are safeguarding concerns, according to a review published today.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk