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25 October 2007
Issue: 7294 / Categories: Legal News , Profession
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Judges dig in to defend their position

News

Judicial accountability has to be balanced against the need for an independent and impartial judiciary, judges claim.

In their response to a House of Lords’ Select Committee report on relations between the executive, the judiciary and Parliament, judges say that recent constitutional changes, including the removal of the lord chief justice as head of the judiciary, have led to a new interest in their accountability.

The judges describe how individual judges are accountable to the public because “in general their decisions are in public and are discussed, often critically, in the media and by interest groups and sections of the public affected by them”. They add that the judiciary is similarly “institutionally accountable” in respect of first instance and appellate decisions.

The response makes clear that neither individual judges nor the judiciary are (nor should be) accountable to the executive branch of the state as this would be inimical to judicial independence. Judges say they regard this independence as a “necessary requirement” for the discharge of their core responsibility to resolve disputes fairly and impartially.

The response emphasised that individual judges should not be asked to give media briefings and that judges and magistrates should not appear routinely before select committees for fear of stepping beyond the proper boundary between the judiciary and Parliament.

Issue: 7294 / Categories: Legal News , Profession
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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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