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16 June 2017 / Charles Auld , Kate Harrington
Issue: 7750 / Categories: Features , Profession
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Judicial selection & the will of the people

Charles Auld & Dr Kate Harrington reflect on what can be done to maintain confidence in judicial decisions

‘Enemies of the people’ screamed the tabloid press in the wake of the High Court’s Brexit ruling on Art 50. Such was the apparent public venom against those judges that at one stage it seemed that Lord Thomas, the Lord Chief Justice, might be wise to follow the example of the previous Welsh Lord Chief Justice, Lord Jeffreys. After the Glorious Revolution of 1689, ‘Hanging Judge Jeffreys’ as he is better known took refuge in the Tower of London to avoid the wrath of the mob. He was more fortunate than his predecessor, Sir John Cavendish, who was murdered by the mob during the Peasants’ Revolt of 1381 and his head stuck on a pike. So denigrating the judiciary is not a new pastime, but as the President of the Supreme Court Lord Neuberger made clear, vitriolic attacks by the Press undermine the rule of law and politicians could have

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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