Quality problems for the judiciary?
Barristers continue to do very nicely, thank you; at least at the commercial bar, where earnings in the region of £500,000 are average, and pupils are paid £65,000. However, this in turn raises the question of the impact on recruitment of quality personnel to the ranks of the judiciary, with the Chancery Division of the High Court particularly affected.
it’s probably not a good idea to mention this problem to any friends of yours at the tougher end of the criminal bar….
Another problem affecting the judiciary relates to selection of judges, and the use of veto by the Lord Chancellor - Ken Clarke, a politician, has blocked the appointment of two of the Judicial Appointment Commission’s choices for tribunal members this year, with obvious implications for judicial independence and the separation of powers.Not much point having an independent Commission if this is going to happen, you may well think.
Two stories with interlinked themes in terms of their impact on the judiciary for your students to ponder, with plenty of insight for evaluation purposes.
Rainy Sky v Kookmin Bank
Fab case name, and a helpful point for A2 Contract Law students considering construction. It is well established that, in constructing the meaning of a term, the Court will take an objective approach - they will look through the eyes of the reasonable man, assuming relevant background knowledge.
In this case, the Supreme Court follows the reasoning in Schuler v Wickman. Rather than only departing from the above test only where it produces a result so extreme as to suggest it was unintended, where there are two alternative meanings, the Court will prefer the one that makes business sense, as per Lord Clarke:
If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other..
This is also a relatively short and digestible judgment for more able students to have a look at.
ECJ rules on stem cell research
The ECJ has ruled that it is not permissible to patent the results of stem cell research within the EU. To do so the Court interpreted a Directive banning research that prohibits research resulting from the destruction of a human embryo widely, Article here.
A good example of the work of the ECJ in interpreting Directives, and of statutory interpretation.
The decision also poses questions from a law and morals standpoint. Will it drive research funding and jobs outside the EU, or is it an important step in preventing the privatisation of such knowledge for commercial gain?
The Solar System of the Courts
This is a fantastic interactive resource for illustrating flows through the criminal justice system.
Lay or DJ?
Are professional District Judges better than lay Magistrates? This article is perfect, based on the MoJ’s recent report. Fewer differences than you might think, apparently… perhaps get your students to list the comments on lay magistrates and District Judges made in the article, and use them for a debate!
There’s also some welcome criticism here of the old Auld report proposals for a new middle level of Court between Mags and Crown.
A Single European Contract Law?
The European Commission is currently consulting on this idea, which EU Justice Minister Viviane Reding describes as “an historic opportunity to drive economic growth by easing the cost of cross-border transactions” and an opportunity to “make a quantum leap towards a more European contract law.”
A full range of options is on the table, from non-binding model rules to implementation via Directive or Regulation, or even as part of a fully-fledged European Civil Code, which would doubtless require a new Treaty.
Not everyone sees this idea as a boon, however. Ken Clarke has described it as an “Esperanto fallacy” and the idea is opposed by, amongst others, the Law Society, who are alive to the potential threat to UK legal firms posed by a potential European Civil Code.
This story is just full of material for law students. For example:
read more...»Sentencing Stats
The Sentencing Council have released stats for Crown Court sentencing from October 2011-March 2012.
Some intersting stats to use with your students on sentencing - for example:
read more...»Podcast: Public Inquiries
This is a great podcast by the BBC’s Law in Action team on public inquiries - including, topically, the inquiry into the Hillsborough disaster, and featuring some scathing criticism from Lord Falconer. Good material on miscarriages in particular and inquiries generally.
The Supreme Court - VIDEO
This is a fab video on how Supreme Court Justices reach their decisions, straight from the Justices themselves:
read more...»Do we need more pupillages?
Thought provoking article by Zoe Saunders in The Lawyer on the continuing popularity of the BPTC despite the fact that the number of pupillages continues to fall. An expensive gamble at £10-15,000 per course… (via CharonQC). A good example for AS students of the uphill battle facing prospective barristers.
