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07 July 2017 / Stephen Gold
Issue: 7753 / Categories: Features , Civil way
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Civil way: 7 July 2017

It was the judge wot did it; At a Laugh; Files separated: Latest!

Judicial immunity prevails ...but

Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them

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MOVERS & SHAKERS

Carpmaels & Ransford—Kevin Cordina

Carpmaels & Ransford—Kevin Cordina

Firm adds former Simmons Simmons patent head to engineering and tech team

ACTAPS—Sally Goodger

ACTAPS—Sally Goodger

Freeths strengthens its voice in national disputes with ACTAPS committee appointment

Pillsbury—Matthew Sperry

Pillsbury—Matthew Sperry

Pillsbury expands private client and family office platform with Cadwalader partner hire

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