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Judicial selection & the will of the people

16 June 2017 / Charles Auld , Kate Harrington
Issue: 7750 / Categories: Features , Profession
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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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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