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22 November 2007 / Michael Zander KC
Issue: 7298 / Categories: Features , Profession
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A waste of space

Michael Zander QC questions the value of the government’s consultation on judicial appointments

In principle one is in favour of consultation by government. But there is such a thing as too much of a good thing. The Ministry of Justice’s consultation paper, The Governance of Britain: Judicial Appointments,  is a case in point.
The new judicial appointments system established by the Constitutional Reform Act 2005 (CRA 2005) became operative as from April 2006. It has therefore been live for a little over a year. There might be sense in enquiring how it was working after 10, perhaps even after five, years. Setting this inquiry in motion at so early a stage is ridiculous.

Nothing in the document establishes that there is any need for it. It raises a variety of issues and ideas for change, many of which were previously considered and rejected. Nor does the text suggest that there is any intention on the part of the government to implement these ideas. One wonders who is the genius who decided this was

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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