Category: judiciary

‘Disquiet’ among judges over lawyer quality, report finds – BBC News

Posted May 8th, 2014 in criminal justice, judiciary, legal profession, reports by tracey

‘There is “disquiet” among judges about the quality of lawyers in England and Wales’s crown courts, a report says. Former civil servant Sir Bill Jeffrey’s report raises concerns about training and the “talent pipeline” for future QCs and judges, and says keeping current arrangements is not “viable”. It also says defence lawyers should get special training before working on rape and other sexual offence cases.’

Full text of report

BBC News, 7th May 2014

Source: www.bbc.co.uk

Graham Gee and Kate Malleson: Judicial Appointments, Diversity and the Equal Merit Provision – UK Constitutional Law Association

Posted May 7th, 2014 in diversity, equality, judiciary, news by sally

‘One of the changes introduced by the Crime and Courts Act 2013 was to amend section 63 of the Constitutional Reform Act 2005, which provides that the Judicial Appointments Commission (JAC) must select candidates for judicial office ‘solely on merit’. Schedule 13 of the 2013 Act clarified that making selections solely on merit does not prevent the JAC from recommending a candidate on the basis of improving diversity on the bench where there are two candidates of equal merit. This is variously known as the ‘equal merit’, ‘tie-break’ or ‘tipping point’ provision and derives from s 159 of the Equality Act 2010. After a consultation exercise last summer, the JAC last month published its policy on how it will implement the equal merit provision. In this post, we draw on research conducted as part of an AHRC-funded project on The Politics of Judicial Independence to explain why the JAC’s policy is disappointingly cautious, limits the prospect of further progress on diversity and offers further evidence of what we believe is the excessive judicial influence on judicial appointments.’

Full story

UK Constitutional Law Association, 6th May 2014

Source: www.ukconstitutionallaw.org

Juries need to be taught about the reality of rape, says DPP – The Independent

Posted May 7th, 2014 in evidence, judiciary, juries, news, rape by sally

‘Judges should warn juries about the common misconceptions people have about rape before they are allowed to hear any evidence, two of the leading figures in the fight against sex crime say today.’

Full story

The Independent, 6th May 2014

Source: www.independent.co.uk

Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

Posted April 30th, 2014 in bills, budgets, consultations, fees, human rights, judicial review, judiciary, legal aid, news, protective costs orders, select committees, solicitors, statutory duty by sally

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

Full story

UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

Couples should be able to divorce without going to court, says top judge – The Guardian

Posted April 30th, 2014 in cohabitation, courts, dispute resolution, divorce, judiciary, married persons, news by sally

‘Couples agreeing to divorce by consent should be able to arrange their own separations with a trip to the registrar rather than having to go to court, the most senior family judge in England and Wales says.’

Full story

The Guardian, 29th April 2014

Source: www.guardian.co.uk

Gender inequality at the senior Bar – The Future of Law

Posted April 25th, 2014 in barristers, equality, judiciary, news, queen's counsel, women by sally

‘On 12 March 2014 Lord Neuberger gave the Rainbow Lecture on Diversity. The lecture concluded with an explicit reference to the duty of all those involved in the legal profession and judiciary to improve the inclusiveness of the legal world.’

Full story

The Future of Law, 24th April 2014

Source: www.futureoflaw.lexisnexis.co.uk

Graham Gee: The Lord Chief Justice and Section 5 of the Constitutional Reform Act – UK Constitutional Law Association

Posted April 14th, 2014 in constitutional reform, judiciary, news, parliament by sally

‘The Constitutional Reform Act redrew relationships between the senior judiciary and Parliament in a number of ways. Amongst the most significant was removing the right of the LCJ to speak in the Lords. Earlier this month, the new LCJ Lord Thomas repeated the lament of his immediate predecessors that it was a mistake to deprive the LCJ of the right to address Parliament on the floor of the House on important matters relating to the administration of justice. In this context, some have read the LCJ’s suggestion of a new approach to s5 of the CRA as significant. Drawing on interviews conducted between 2011-13 as part of an AHRC-funded project on The Politics of Judicial Independence, I want to shed some light on tensions that have arisen about the use of s5.’

Full story

UK Constitutional Law Association, 14th April 2014

Source: www.ukconstitutionallaw.org

Should judges question vulnerable witnesses? – Halsbury’s Law Exchange

Posted April 11th, 2014 in barristers, cross-examination, judiciary, news, professional conduct, witnesses by sally

‘Sir Keir Starmer, the former Director of Public Prosecutions, has been in the news this week with the suggestion that vulnerable witnesses should be questioned by the Judge in the case rather than by counsel, and this idea should give us pause to reflect on both the role of the judge and the role of the advocate.’

Full story

Halsbury’s Law Exchange, 10th April 2014

Source: www.halsburyslawexchange.co.uk

The Judiciary: The Third Branch of the State – Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

Posted April 9th, 2014 in armed forces, judiciary, news, rule of law by sally

The Judiciary: The Third Branch of the State (PDF)

Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

RCDS Lecture, 3rd April 2014

Source: www.judiciary.gov.uk

The City of London Solicitors’ Company – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted April 9th, 2014 in courts, diversity, judiciary, law firms, London, news, speeches by sally

The City of London Solicitors’ Company (PDF)

Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Judiciary of England and Wales, 31st March 2014

Source: www.judiciary.gov.uk

Attorney general resists call to protect witnesses from court cross-examination – The Guardian

Posted April 8th, 2014 in attorney general, children, cross-examination, judiciary, news, trials, witnesses by sally

‘Dominic Grieve QC, the attorney general, has resisted calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers to avoid aggressive courtroom questioning .’

Full story

The Guardian, 7th April 2014

Source: www.guardian.co.uk

Alexander Horne: Is there a case for greater legislative involvement in the judicial appointments process? – UK Constitutional Law Association

Posted March 28th, 2014 in constitutional law, constitutional reform, judiciary, news, parliament by sally

‘The dramatic increase in public law and human rights cases coming before the UK Supreme Court (and the Appellate Committee before it) means that the UK’s top court is more frequently determining essentially socio-political questions. In addition, in recent years, the judiciary has pressed for a rather more expansive definition of judicial independence, with a greater emphasis on the institutional independence of the judiciary. This has tended to lead to more powerful leadership roles, for senior judges in particular.

Full story

UK Constitutional Law Association, 27th March 2014

Source: www.ukconstitutionallaw.org

Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the Human Rights Roundup – UK Human Rights Blog

Posted March 27th, 2014 in armed forces, human rights, inquiries, Iraq, judiciary, legal aid, news, prisons, unlawful killing by tracey

‘This week, a challenge to the legal aid reforms by the Howard League for Penal Reform is rejected, while campaigners seeking an inquiry into the action of British soldiers in Malaya in 1948 face similar disappointment. Meanwhile, some of the most senior judges in the UK give their views on the role of the judiciary today.’

Full story

UK Human Rights Blog, 23rd March 2014

Source: www.ukhumanrightsblog.com

An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence? – UK Constitutional Law Association

Posted March 21st, 2014 in judiciary, news, rule of law by sally

‘If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system of justice?’ you would probably get ‘doing justice to all without fear or favour’ and ‘upholding the rule of law’ among the most common answers. And if you asked ‘what are the most important ways in which performance of these functions is secured?’ you would expect to get ‘independence of the judiciary’ among the answers.’

Full story

UK Constitutional Law Association, 19th March 2014

Source: www.ukconstitutionallaw.org

Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by tracey

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

Full story

Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

Perspectives on the Criminal Justice System – Speech by Lord Justice Gross, Senior Presiding Judge

Posted March 19th, 2014 in criminal justice, judiciary, rule of law, speeches by tracey

‘Perspectives on the Criminal Justice System. Speech by Lord Justice Gross, Senior Presiding Judge.’

Full speech

Judiciary of England and Wales, 19th March 2014

Source: www.judiciary.gov.uk

Hitting the Balls out of Court: Are Judges Stepping Over the Line? – Speech by Lord Justice Moses

Posted March 19th, 2014 in human rights, interpretation, judiciary, jurisdiction, parliament, speeches, Supreme Court by tracey

‘Hitting the Balls out of Court: Are Judges Stepping Over the Line?
Speech by Lord Justice Moses: Creaney Memorial Lecture 2014, 26/02/2014’

Full speech

Judiciary Of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Family Provision of Justices’ Reasons in uncontested Cases – Judiciary of England and Wales

Posted March 19th, 2014 in codes of practice, family courts, judiciary, local government, press releases, reasons by tracey

‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’

Full text of guidance

Judiciary of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Are the judges too powerful? – Speech by The Rt Hon Lord Dyson, Master of the Rolls

Posted March 13th, 2014 in judges, judiciary, speeches by tracey

‘Mr Bentham was no great admirer of the judiciary. He once said “the same fungus, which when green, is made into Bar, is it not, when dry, made into Bench?” He distrusted the judges. When drafting a “New Plan for the organisation of the Judicial Establishment in France” in the 1820s, he was adamant that judges should not be permitted to legislate: “Appointed for the express purpose of enforcing obedience to the laws, their duty is to be foremost in obedience. Any attempt on the part of the judge to frustrate or unnecessarily to retard the efficacy of what he understands to have been the decided meaning of the legislature, shall be punished with forfeiture of his office.” ‘

Full story

Judiciary of England and Wales, 12th March 2014

Source: www.judiciary.gov.uk