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02 August 2007
Issue: 7284 / Categories: Legal News , Constitutional law
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MoJ creation bungled, say parliamentary committees

News

The government’s creation of the Ministry of Justice (MoJ) was bungled, with the lord chief justice being introduced to the idea via the press, according to two Parliamentary committee reports.

The reports by the House of Lords Constitution Committee (HLCC) and the House of Commons Constitutional Affairs Committee (HCCAC) attack the government for failing to acknowledge that the creation of the MoJ has significant constitutional implications (see this issue pp 1100–01).
The HLCC says the lord chancellor has a duty to ensure ministers do not impugn individual judges and to reprimand those who do overstep the mark. The committee argues that in this first test of the new relationship “it is clear that there was a systemic failure”.

The committee wants the Ministerial Code revised to include guidelines governing public comment by ministers on individual judges. It also suggests measures to help keep the media at bay including more use of press releases explaining judges’ decisions. It calls for the Judicial Communications Office to appoint spokesmen to brief the press.
HLCC chairman Lord Holme says: “The independence of the judiciary needs to be protected from populist politicians pandering to the prejudices of tabloid editors.”

HCCAC chairman Alan Beith MP says: “The government has manifestly underestimated the significance of the changes they were making. We have been left with a highly regrettable conflict between our senior judges and the minister who is statutory guardian of their independence, which could and should have been avoided.”

Issue: 7284 / Categories: Legal News , Constitutional law
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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he 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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