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17 June 2010 / Sir Geoffrey Bindman KC
Issue: 7422 / Categories: Blogs , Profession
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Keep an eye on the judges

Geoffrey Bindman is reminded of the fine balance between judicial independence & democracy

The death of Professor John Griffith of LSE at the age of 91 reminds us of his most famous book The Politics of the Judiciary first published in 1977. Its aim was to explode the myth of judicial objectivity. His claim was that judges were influenced in reaching their decisions—albeit unintentionally—by their particular experience, including their education and social background.
While today this seems so obvious as to be beyond debate, John Griffith met with considerable hostility from many in the profession, especially some senior judges. Of course the background of most judges was in the affluent middle and upper class and their education at public schools and Oxbridge. It still is. But it was Griffith who made the argument that this exclusivity affected their ability to be impartial and to understand the cases coming before them.

Lord Denning was scathing. “The youngsters believe we come from a narrow background—it’s all nonsense—they get it from that man

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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
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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