header-logo header-logo

06 February 2026 / Dr Graham Zellick CBE KC FAcSS
Issue: 8148 / Categories: Features , Profession , In Court
printer mail-detail

On judging

241897

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll