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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
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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