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Life on the bench

13 February 2019 / Alec Samuels
Issue: 7828 / Categories: Features , Profession
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Alec Samuels reflects on bias—especially political bias—in the judiciary

There was a time when, before appointment as a judge, many of the judges had been active in politics, as MPs: Conservative, Liberal and Labour. But according to constitutional convention, following appointment, they showed no political bias in their judicial work. The Lord Chancellor himself was expected to be, and was, and indeed still is, an active politician, albeit restrained; however, he is no longer a judge.

Judicial appointments

Ex Lord Chancellor Dilhorne became a law lord 1969-1980. First Viscount Cave and Lord Mackay were law lords before becoming Lord Chancellor. First Viscounts Maugham and Simmonds were law lords before becoming Lord Chancellor and then again law lords after ceasing to be Lord Chancellor.

Judges who have been MPs include: Simon, Thankerton, Watson, Robson, Macnaghten, Donovan, Shaw, Carson, Cave, Davey, MacDermott and Normand.

Quite a number in addition have been law officers, or the Scottish equivalent: Simon, Somervell, Rodger, Russell, Reid, Carson, Hewart, Cave, Mackay, Macmillan, Singleton and Sir Ross Cranston. And Somervell

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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

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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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