The Judiciary & Lord Chief Justice

The Judiciary & Lord Chief Justice

• The Constitutional Reform Act 2005 and the Concordat define the responsibilities of the Lord Chief Justice (LCJ) as Head of the Judiciary of England and Wales and President of the Courts.
• The LCJ executes their duties through the Judicial Executive Board (JEB) and the Judges’ Council.

Neutrality of Judges

• UK judges should have no political leanings.
• Legal considerations are used to avoid prejudices and unconscious biases.
• Judges should not participate in overt political activities or back pressure groups.
• Judges undergo extensive legal training to focus on legal factors.
• Objectivity is enhanced through rulings explanations and the appeals system which allows higher courts to rehear cases.
• Judges should refrain from public participation in policy debates.

Problems with the Judiciary

• There's a perceived conservative bias because judges are often male, white, upper-class, and Oxbridge-educated.
• Similar biases exist against women and ethnic minorities, but judicial diversity has improved over time, though problems persist.

Job Specification for a Judge

• Candidates for judgeships must have practiced as a solicitor or barrister for at least five years in their chosen legal field.
• Candidates must pass exams demonstrating knowledge in specific legal areas and the ability to apply the law.
• Selected candidates are shadowed by a current judge for assessment.
• The independent Judicial Appointments Commission makes the final appointment decisions.

Types of Judges

• Circuit Judges
• District Judges
• Recorder
• High Court Judges
• Court of Appeal Judges
• Judge Advocate General
• Chief Magistrate
• Chancellor of the High Court
• President of the Family Division
• President of the Queen’s Bench Division
• Master of the Rolls
• Lord Chief Justice

Civil Law & Civil Courts

• Civil law involves disputes between individuals that do not involve criminal activity.
• Civil courts provide a means to resolve these disputes, often involving a claimant/plaintiff against a defendant.
• Cases may concern breach of contract or negligence.
• Most cases are heard in the County Court via one of three tracks, but high-value cases go to the High Court.

The County Court

• Most civil cases start here.
• Main types include all contract and tort claims, land recovery cases, and disputes over trusts, partnerships, and inheritance up to £30,000.
• Defended cases are assigned to one of three tracks: Small Claims Track (under £10,000), Fast Track (£10,000 to £25,000), and Multi Track (over £25,000, or complex cases).
• Family cases are an exception to public hearings..
• The winning party may recover legal representation costs from the losing party.

Areas of Civil Law

• Tort law
• Tax Law
• Shipping law
• Public law
• Consumer law
• Human Rights Law
• Employment law
• Family law
• Land law
• Intellectual property law
• Immigration law
• EU law
• Insurance law
• Equity and Trusts
• Environmental law
• Corporate law
• Construction law
• Contract law
• Constitutional law
• Commercial law
• Private litigation
• Banking law

High Court Divisions

• Queen’s Bench: Handles contract and tort claims.
• Chancery: Deals with equity matters like mortgages, trusts, copyrights, and patents.
• Family: Addresses matrimonial disputes and cases involving children.
• Each division has a divisional court with appellate jurisdiction.
• The Queen's Bench Division's divisional court, the Administrative Court, also hears judicial review cases.

Tort Law

• TORT law is one of the biggest areas of Civil law.

• Tort law involves private wrongdoings, including intentional acts, negligence, and strict liability.

• Grievances include injury, slander, trespass, noise pollution, and false imprisonment.

• Successful cases typically result in monetary compensation.

Alternative Dispute Resolution (ADR)

• ADR provides methods to resolve civil disputes outside formal court hearings, often involving a third party.
• Main forms include arbitration, where a third party makes a final decision, and mediation, where a third party facilitates a mutual agreement.
• Conciliation and negotiation are other ADR forms.

Ombudsman

• Ombudsmen are appointed by Parliament.
• Ombudsmen investigate complaints against government departments, local councils, and certain industries.

Negotiation

• Two parties try to resolve a dispute themselves.
• This is private, quick, and cheap.
• Incurring costs occur if lawyers get involved.

Mediation

• A mediator aids disputing parties in reaching a settlement.
• This is voluntary, impartial, and confidential.
• It requires parties to create their own solutions that may not be legally binding.

Conciliation

• Similiar to mediation.
• A conciliator helps suggest a way to resolve the dispute.
• A conciliator actively gets involved.

Arbitration

• Experts or lawyers adjudicate a dispute.
• An arbitrator is selected and makes the final decision.

Neutral Evaluation

• A third party gives an opinion on the likely trial outcome.

Common ADR Outcomes

• Apology
• Explanation
• Behaviour change
• Policy change
• Procedure change
• Promise to act or not act
• Agreement on contact or residence arrangements for children
• Agreement on property or finances post-separation/divorce
• Compensation
• Refunds
• Goods replacement

Police and Crime Commissioners (PCCs)

• PCCs replaced local police authorities in 2012.
• PCCs oversee how crime is tackled in their area to improve police service.
• PCCs meet the public to gather opinions on policing, create police and crime plans, manage budgets, and appoint/dismiss Chief Constables.

PCC Responsibilities

• Secure effective and efficient policing.
• Appoint, hold accountable, and if necessary, dismiss the Chief Constable.
• Set police and crime objectives through a plan.
• Set the force budget and determine the precept.
• Contribute to national and international policing.
• Bring together partners for joined-up local priorities.

Becoming a PCC

• 41 PCCs are elected in England and Wales to ensure police accountability, excluding London.
• Voters must be registered, 18+, British, Commonwealth, or EU citizens, and resident in England or Wales (excluding London).
• PCCs are elected using the Supplementary Vote system.
• Voters provide a first and second choice.
• If no candidate wins over 50% of first choices, all but the top two are eliminated; second choices are then counted.