header-logo header-logo

16 March 2017 / Ed Crosse
Issue: 7738 / Categories: Opinion , Profession
printer mail-detail

Who is to judge?

nlj_7738_crosse

Is it possible to achieve diversity on the bench, asks Ed Crosse

“Once we accept that who the judge is matters, then it matters who our judges are” (Erica Rackley, Women, Judging and the Judiciary (2013), p 164).

Hopefully few, if any, would argue with this sentiment, or that a quality candidate should be prevented from becoming a judge because of their gender, race, religion, sexual orientation or social background. Why then does the judicial composition of our courts so poorly reflect the diverse society they serve?

Not, it seems, because of any complacency or adverse bias by those responsible for selecting judges; the senior judiciary and Judicial Appointments Committee (JAC) have repeatedly said the proportion of women judges, black, Asian and minority ethnic (BAME) judges and others from under-represented groups is far too low. Speaking last November, Lord Neuberger, President of the Supreme Court, expressed concern that in the Supreme Court, there is only one woman and the rest are 10 white males, only two of whom were not privately educated.

Where does

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll