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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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