header-logo header-logo

Judge & fury

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

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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
back-to-top-scroll