Archive for the 'judiciary' Category

Judges are more lenient after taking a break, study finds – The Guardian

“Prisoners are more likely to be granted parole early in the day or after a break such as lunch, according to researchers.”

Full story

The Guardian, 11th April 2011

Source: www.guardian.co.uk

Lord Neuberger asks who is the master: the unelected judge or the elected politician? – The Guardian

“According to the master of the rolls, courts could overrule parliament in wholly exceptional cases.”

Full story

The Guardian, 11th April 2011

Source: www.guardian.co.uk

Who’s the master now? – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Who’s the master now? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Second Lord Alexander of Weedon Lecture, 6th April 2011

Source: www.judiciary.gov.uk

Guideline Hourly Rates for 2011 – Judiciary of England and Wales

“The Master of the Rolls has received a recommendation from the Advisory Committee on Civil Costs on an increase to the Guideline Hourly Rates for 2011.”

Full story

Judiciary of England and Wales, 4th April 2011

Source: www.judiciary.gov.uk

Independent press crucial to the administration of justice, says lord chief justice – The Guardian

“An independent press is crucial to the administration of justice, the lord chief justice of England and Wales said during a lecture in Israel on Monday night.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Related link: The Judiciary and the Media (PDF)

Supreme Court New Appointments: Sumption and Wilson – UKSC Blog

“The Supreme Court appointments story is suddenly moving fast. This morning we drew attention to Joshua Rozenberg’s blog on the shortlisting and delays. This afternoon, he tweeted that the new justices had been chosen.”

Full story

UKSC Blog, 24th March 2011

Source: http://ukscblog.com/

Targets for judicial diversity ‘wrong approach’ – Law Society’s Gazette

“Setting targets for increasing the number of female judges would be the ‘wrong approach’ to boosting diversity, the minister responsible for legislation and law reform told the House of Lords last week.”

Full story

Law Society’s Gazette, 24th March 2011

Source: www.lawgazette.co.uk

Master of the rolls to judges: keep your judgments simple – The Guardian

“Judges should avoid making judgments that are ‘readable by few, comprehendible by fewer still’, said Lord Neuberger in a speech on open justice last week. With a nod to Gilbert and Sullivan’s accessible opera he offered Lord Atkin’s decision in Donoghue v Stevenson as ‘a very model of a modern major judgment’. The case, decided by the House of Lords in 1932, features a decomposed snail in a bottle of ginger beer and is known to every lawyer in the land: it sets out, in clear terms, the scope of the law of negligence.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

Lord Chief Justice wanted a pay rise for judges – Daily Telegraph

“The country’s most senior judge has demanded a pay rise for senior members of the judiciary, it has emerged.”

Full story

Daily Telegraph, 22nd March 2011

Source: www.telegraph.co.uk

Swindlers (Including The Master of The Rolls?) Not Wanted: Bentham and Justice Reform – Speech by The Master of the Rolls

“Swindlers (Including The Master of The Rolls?) Not Wanted: Bentham and Justice Reform. Speech by the Master of the Rolls: Bentham Lecture 2011.”

Full speech

Judiciary of England and Wales, 3rd March 2011

Source: www.judiciary.gov.uk

Could you defend yourself in court? – BBC News

“Legal aid changes in England and Wales could mean hundreds of thousands more people representing themselves in court, judges have warned. So how exactly do you become an amateur lawyer?”

Full story

BBC News, 28th February 2011

Source: www.bbc.co.uk

Judges slam legal aid cuts and lawyers who bring ‘unmeritorious’ claims – Law Society’s Gazette

“Judges have slammed government plans to cut legal aid, but also criticised publicly funded lawyers who bring ‘unmeritorious’ public law claims, and proposed limiting legal aid in judicial review cases.”

Full story

Law Society’s Gazette, 28th February 2011

Source: www.lawgazette.co.uk

Legal aid cuts will cost more in long run, say judges – The Guardian

“Courts could grind to a standstill as hundreds of thousands of people represent themselves in legal cases, senior judges have warned.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Human rights court reforms called into question by London’s litigators – Legal Week

“City litigators have questioned Justice Secretary Ken Clarke’s calls to reform the European Court of Human Rights (ECHR) in the wake of its ruling that serving prisoners should be given the right to vote.”

Full story

Legal Week, 22nd February 2011

Source: www.legalweek.com

Proposals for the Reform of Legal Aid in England and Wales – Judiciary of England and Wales

“The judiciary’s co-ordinated response to the Government’s legal aid consultation paper is published today. It was drawn up by a sub-committee of the Judges’ Council (the body which represents all levels of the judiciary, and is chaired by the Lord Chief Justice).”

Full story

Judiciary of England and Wales, 24th February 2011

Source: www.judiciary.gov.uk

British bill of rights ‘will put judges in a difficult position’ – The Guardian

“Former Lord Chief Justice Lord Woolf warns of conflict between European convention on human rights and proposed British bill of rights.”

Full story

The Guardian, 21st February 2011

Source: www.guardian.co.uk

High court judges with poor judgment should stand down – The Guardian

“Judges cannot be sacked, so they can go on getting things wrong unless public pressure persuades them to quit.”

Full story

The Guardian, 3rd February 2011

Source: www.guardian.co.uk

Lets hear it for the child; Restoring the Authority of the Family Court, Blue skies and Sacred cows – Speech by Mr Justice Coleridge

Lets hear it for the child; Restoring the Authority of the Family Court, Blue skies and Sacred cows (PDF)

Speech by Mr Justice Coleridge

Association of Lawyers for Children: 21st Annual Conference, 26th November 2010

Source: www.judiciary.gov.uk

Why Lord Justice Moses should watch 12 Angry Men – The Guardian

“The judge’s proposals on criminal trials are a dangerous attack on the jury system. I hope he won’t prevail.”

Full story

The Guardian, 24th November 2010

Source: www.guardian.co.uk

How feminism could improve judicial decision-making – The Guardian

“Can judges be feminists? Should judges be feminists? On one view the answer is easy: no. We don’t want our judges to be activists. We don’t want them to promote their own political agendas. We want them to do their job. We want them to apply the law.”

Full story

The Guardian, 11th November 2010

Source: www.guardian.co.uk

Related link: Feminist Judgments Project

Judicial appointments review reports back – Ministry of Justice

“A review of the judicial appointments process and related arms-length bodies has made initial recommendations.”

Full story

Ministry of Justice, 10th November 2010

Source: www.justice.gov.uk

Kenneth Clarke and Lord Judge: a plain-speaking verdict on life after cuts – The Guardian

“Lord chancellor and lord chief justice share a talent for bluntness, but who is the most realistic about how the deficit will affect the legal system?”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Chancery Lane calls for appraisal system for family judges – Law Society’s Gazette

“An appraisal system should be introduced for family judges, so that they can hear feedback on their performance and to reassure the public about the quality of the judiciary, the Law Society has suggested.”

Full story

Law Society’s Gazette, 7th October 2010

Source: www.lawgazette.co.uk

Judges are resigned to jurors researching their trials online – The Guardian

“Judges are ‘giving up’ trying to stop juries using Google, Facebook and Twitter to access potentially false and prejudicial information about defendants, Sir Ken Macdonald, the former director of public prosecutions, has warned.”

Full story

The Guardian, 4th October 2010

Source: www.guardian.co.uk

Unified judiciary plan – Law Society’s Gazette

“Justice secretary Ken Clarke has outlined plans to create a unified judiciary under the leadership of the lord chief justice. The proposal would see the statutory powers of the senior president of the tribunals transferred to the LCJ and the creation of a new head of tribunals justice.”

Full story

Law Society’s Gazette, 23rd September 2010

Source: www.lawgazette.co.uk

Kenneth Clarke announces plans for unified judiciary – Ministry of Justice

“The Lord Chancellor Kenneth Clarke has outlined plans to create a unified judiciary in England and Wales under the overall leadership of the Lord Chief Justice. Work is already well under way to create a new single unified organisation bringing together Her Majesty’s Court Service and the Tribunals Service, after the plan was announced in March.”

Full press release

Minsitry of Justice, 16th September 2010

Source: www.justice.gov.uk

System for appointing judges ‘undermining international courts’ – The Guardian

“A ‘toxic’ system for appointing the world’s most senior judges is fundamentally undermining the legitimacy of international courts, a new study claims.”

Full story

The Guardian, 8th September 2010

Source: www.guardian.co.uk

Family judges alarmed over legal aid tender – Law Society’s Gazette

“The head of the family courts has warned the Legal Services Commission that he has been ‘inundated’ by family judges expressing serious concerns over the outcome of the family legal aid tender, in a letter seen by the Gazette.”

Full story

Law Society’s Gazette, 9th August 2010

Source: www.lawgazette.co.uk

Calls for judge to conduct London G20 inquest – BBC News

“The government has been urged by MPs to appoint a judge to conduct the inquest into Ian Tomlinson who died at the G20 protests in London last year.”

Full story

BBC News, 28th July 2010

Source: www.bbc.co.uk

Lord chief justice calls for shorter cases – Law Society’s Gazette

“The lord chief justice has called for family and criminal cases to be shortened.”

Full story

Law Society’s Gazette, 22nd July 2010

Source: www.lawgazette.co.uk

Judicial culture still deters gay and lesbian lawyers, say researchers – The Guardian

“The judiciary is failing to reflect the UK’s gay and lesbian community, experts say, as research suggests it is seriously under-represented on the bench.”

Full story

The Guardian, 4th July 2010

Source: www.guardian.co.uk

Neuberger report: more solicitor judges wanted – The Lawyer

“The Law Society has long stated its belief that the judiciary should better reflect the diversity of the society it serves rather than being the preserve of the white, heterosexual, Oxbridge-­educated, male barrister.”

Full story

The Lawyer, 21st June 2010

Source: www.thelawyer.com

The cost of sentencing – BBC Law in Action

“As the Lord Chancellor considers ways of cutting the number of people in prison, Joshua Rozenberg asks if the judges should save money by changing the way they sentence offenders.”

Podcast

BBC Law in Action, 15th June 2010

Source: www.bbc.co.uk

Judge admits Court of Protection has ‘more than fair share of setbacks’ – Daily Telegraph

“Denzil Lush, Senior Judge said the Government had failed to anticipate the volume of work that would ‘inundate’ the tribunal that rules on the financial affairs and medical treatment of the elderly and mentally ill, or the ‘burden’  it would place on staff.”

Full story

Daily Telegraph, 11th June 2010

Source: www.telegraph.co.uk

Don’t delay deportation flight, government warns judges – The Guardian

“Government lawyers have warned high court judges that last-minute legal challenges should not be allowed to ‘disrupt or delay’ a deportation flight to Baghdad due to leave Britain early tomorrow.”

Full story

The Guardian, 8th June 2010

Source: www.guardian.co.uk

Lawyers reject calls for Christian-sensitive judges – The Guardian

“Attempts to have religious rights cases heard by hand-picked judges would set a dangerous precedent, lawyers said, amid mounting unrest about legal clashes between religious representatives and equality rights campaigners.”

Full story

The Guardian, 15th April 2010

Source: www.guardian.co.uk

Courts distrust evidence from social workers – The Guardian

“Courts are refusing applications to take children into care because some members of the judiciary hold social workers in such low esteem that they do not trust their evidence, it will be claimed this week in a major study.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Dangerous terrorist suspects are on the streets because of judges’ decisions, watchdog says – Daily Telegraph

“Dangerous terror suspects are walking the streets as the result of a ruling by the UK Supreme Court, a terrorism watchdog has said.”

Full story

Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

Solicitors ‘key’ to increasing judicial diversity – Law Society’s Gazette

“Persuading more solicitors to apply for judicial posts is ‘absolutely key’ to increasing diversity in the judiciary, the chairwoman of the Advisory Panel on Judicial Diversity told the Gazette this week, as the panel published a raft of recommendations aimed at improving diversity on the bench.”

Full story

Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Judges’ lack of diversity harms court system, report warns – The Guardian

“The lack of diversity among judges is affecting the experience of people who use the courts and limiting judicial perspectives on critical legal issues, according to a report published today (24 February).”

Full story

The Guardian, 24th February 2010

Source: www.guardian.co.uk

High numbers of women and solicitors appointed to judicial posts – Law Society’s Gazette

“More than half the candidates selected in the last recruitment round for fee-paid employment tribunal judge positions were women, statistics have shown, while three-quarters of selected candidates were solicitors.”

Full story

Law Society’s Gazette, 9th February 2010

Source: www.lawgazette.co.uk

Thornton and another v Director of Public Prosecutions – WLR Daily

Thornton and another v Director of Public Prosecutions [2010] WLR (D) 17

“When assessing whether an indication by convicting justices as to the type of sentence which a defendant was likely to receive from a different sentencing judge gave rise to a legitimate expectation on the part of the defendant that the sentencing judge would in fact pass sentence in accordance with such an indication, the sentencing judge needed to consider whether the justices had complied with their duty pursuant to s 172 (1)(b) of the Criminal Justice Act 2003 to have regard to sentencing guidelines when carrying out a function relating to the sentencing of offenders.”

WLR Daily, 1st February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judiciary must speak out on ‘parlous state of family law’ – Law Society’s Gazette

“The judiciary must ‘come off the bench’ and speak out about the ‘parlous state of family law in 2009’, lord justice Wall has said.”

Full story

Law Society’s Gazette, 17th December 2009

Source: www.lawgazette.co.uk

Written evidence on judicial fees and salaries – Ministry of Justice

“Tables showing judicial salaries and fees, following the government’s decision about the level of pay for legally qualified tribunals judiciary.”

Full press release

Ministry of Justice, 1st December 2009

Source: www.justice.gov.uk

“A Judiciary of the 21st Century” – Judiciary of England and Wales

“Report of the Judicial Diversity Conference ‘A Judiciary of the 21st Century, ‘ held on 11March 2009.”

Full report

Judiciary of England and Wales, 27th November 2009

Source: www.judiciary.gov.uk

Now the expenses spotlight falls on Britain’s judiciary – The Independent

“Expenses claims by judges and magistrates have risen by £3m in the last two years, according to figures obtained by The Independent under the Freedom of Information Act.”

Full story

The Independent, 23rd November 2009

Source: www.independent.co.uk

Anger at ‘cloak of secrecy’ for Freemason judges – The Independent

“Jack Straw’s decision to no longer force applicants for the judiciary to declare if they are Freemasons was today branded a ‘disgrace’ by a Labour MP.”

Full story

The Independent, 10th November 2009

Source: www.independent.co.uk

Michel v The Queen – WLR Daily

Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312

“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”

WLR Daily, 4th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v I (C) and others – WLR Daily

Regina v I (C) and others; [2009] WLR (D) 286

“A judge who had conducted the case management of a long or complex case, whether or not as a preparatory hearing, had to conduct the trial in that case unless there were sufficiently compelling cause to depart from that rule.”

WLR Daily, 26th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judge makes plea for fewer laws – BBC News

“The most senior judge in England and Wales has criticised the government for passing too many crime laws.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

Speech at Lord Mayor’s Annual Judges’ Dinner – Ministry of Justice

“This speech is a good opportunity to take stock – four years after the Constitutional Reform Act fundamentally changed the relationship between the judiciary and the Executive, and a matter of months before the UK Supreme Court opens, heralding a new era in the separation of powers.”

Full speech

Ministry of Justice, 14th July 2009

Source: www.justice.gov.uk

Judges to work overtime as cuts and delays put justice at risk – The Times

“Courts face having to sit for an extra two hours a day as they struggle with rising workloads coupled with an unprecedented drive to cut costs.”

Full story

The Times, 10th July 2009

Source: www.timesonline.co.uk

Cost of judges’ pensions has more than doubled in past five years – Daily Telegraph

“Figures put before Parliament by the Treasury show that the judicial pension pot rose from £62 million in the financial year 2004/5 to £131m last year.”

Full story

Daily Telegraph, 6th July 2009

Source: www.telegraph.co.uk

Names of judges found guilty of misconduct to stay secret – The Guardian

“The government and the judiciary can continue to conceal the names of more than 170 misbehaving judges, a freedom of information tribunal has ruled.”

Full story

The Guardian, 15th June 2009

Source: www.guardian.co.uk

Solicitors believe judicial appointments ‘not for me’, JAC research finds – Law Society’s Gazette

“Official research published today reveals a ‘widespread and underlying perception’ of ‘inherent prejudice’ in the judicial application process and suggests that solicitors still see the bench as a career for ‘other people’.”

Full story

Law Society’s Gazette, 4th June 2009

Source: www.lawgazette.co.uk


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