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13 February 2019 / Alec Samuels
Issue: 7828 / Categories: Features , Profession
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Life on the bench

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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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