header-logo header-logo

25 November 2016 / Athelstane Aamodt
Issue: 7724 / Categories: Features , Profession
printer mail-detail

Judge & fury

nlj_7724_aamondt

When does criticism of judges become contempt, asks Athelstane Aamodt

The result in the case of R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) was always going to be controversial given the heat of the political debate surrounding the UK’s vote to leave the EU. However, the judgment given by the Lord Chief Justice (Lord Thomas) and the Master of the Rolls (Sir Terence Etherton) and Sales LJ resulted in the judges being personally attacked in certain sections of the press. The Daily Mail described the judges as “Enemies of the People” on the front page of its 4 November edition, along with pictures of the judges, and bizarrely singled out Sir Terence for being an “openly gay ex-Olympic fencer” as if this was somehow opprobrious. The Daily Telegraph on the same day ran the headline “The Judges Versus the People”(also with pictures of the judges) and—in so many words—accused the judges of frustrating Brexit.

Déjà vu

The tone and substance of these attacks were condemned by many.

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll