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06 February 2026 / Dr Graham Zellick CBE KC FAcSS
Issue: 8148 / Categories: Features , Profession , In Court
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On judging

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Professor Graham Zellick KC reflects on his years in the judicial foothills

  • Judging is an intellectually demanding craft shaped by flawed legislation, uncertain authority and human judgment.

Judging is unique. It differs from decision-making in every other sphere. Of course, it shares some common characteristics, but in process and method it is distinctive. It mostly takes place in public. There is oral and written argument by each side conducted by trained professionals. The decision must be supported by full and detailed reasons. There are elaborate rules and principles that must be followed that govern the evidence on which the decision must be based, the procedures that must be followed and the law that must be expounded, followed and applied. In particular, there are rules and methods of statutory interpretation and of precedent. Finally, the judgment may be subject to review or appeal by a higher court and intense scrutiny, especially by lawyers and scholars. The judgment lies at the heart of our common law system. Judging is arguably

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NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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