header-logo header-logo

21 March 2014 / Nigel Jackson
Issue: 7599 / Categories: Features , Commercial
printer mail-detail

Bending the law

web_jackson

Nigel Jackson outlines the far-reaching consequences of Reithatha v Williamson

Those who are familiar with the English civil justice system, may have noticed an alarming trend in certain recent judicial decisions where judges have shown an increasing tendency to bend the law, or misapply the facts to achieve what they consider to be the desired outcome. Most of the judges currently serving in the civil courts are barristers, who have spent their entire careers re-interpreting laws and arguing “facts” in the manner best suited to advance their clients’ cases, but it is important that they discontinue this practice once they have been appointed to a judicial position.

Not only does the practice discredit the English system of civil justice (the misapplication of law or facts by any court is a very serious matter, whether it is intentional or not), but it is also capable of having far-reaching consequences which can have a devastating impact upon vast numbers of people who have no connection at all to the particular facts presented to a judge in any

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll