header-logo header-logo

Don’t Blame the Judges: a rejoinder

31 August 2020 / Dr Michael Arnheim
Categories: Opinion , Constitutional law
printer mail-detail
The plight of English law is indeed dire, but a simple solution is ready to hand, says Dr Michael Arnheim
I hardly recognised my last article from Sir Geoffrey Bindman’s recent comment (‘Don’t blame the judges! Too quick to judge?’, NLJ, August 2020). My article flagged up three recent cases picked almost at random to illustrate the serious plight of English law (‘Don’t blame the judges!’, NLJ, 3 July 2020). Two of these cases are not even mentioned in Sir Geoffrey’s attempted attack on my article. 

One of the cases not mentioned by Sir Geoffrey is Barclays Bank plc v Various Claimants  [2020] UKSC 13, in which 126 victims of sexual assaults by the late Dr Gordon Bates lost their case in the UK Supreme court (UKSC) after winning at first instance and also in the Court of Appeal. They were suing Barclays Bank, on whose behalf Dr Bates performed medical examinations on prospective bank employees. Barclays was found vicariously liable in the High Court and Court of Appeal

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll