Do barristers make better Judges? Give reasons for your answer. Essay plan: Firstly discuss the history of barristers including their requirements to become a barrister etc. Then go on to the Judiciary the CRA 2005 and how Judges are elected I. E. The Juridical appointment commissions 14 member etc Then move on to the current demographic of the Judiciary Sutton trust research 2004 CRA section 63 merit and section 63 diversity Compare to the dimorphic of barristers
Deficit model , Brenda Hale , Ministry of Justice, sex discrimination actuate, race relations act 1995 , disability discrimination act 1995 all put into one document in 2010 the equality act. Other critic , Secret soundings and patronage. 2. “Mediation has certainly not had its day. It will undoubtedly go from strength to strength. It can however only grow properly and consistently with our commitment to equal access to Justice for all. Mediation is a complement to Justice. It cannot ever be a substitute for Justice. ” (Numbered, MR., The Gordon Slyly Memorial Lecture 010, Has Mediation Had its Day? 0 November 2010, pop. ) Discuss. 3. “Tribunals’ procedures and approach to overseeing the preparation of cases and their hearing can be simpler and more informal than the courts. ” Is this an advantage or a disadvantage of tribunals? Give reasons for your answers. 4. “The requirements of Article 6 OCHRE are unnecessary in modern English civil litigation. ” The history of the OCHRE and the HEAR 1998, Protects are conventional rights Principles of the OCHRE are similar to the right w have in English civil litigation anyway
Political principle Magna Charta 1215 protects against arbitrary punishment and right to a fair trial, act of settlement’s Judges hold office for good behavior can only be dismissed if they act in bad faith both of the houses of parliament must agree to dismiss then Natural Justice : two principle memo dudes USA cause (no man can be a judge in his own case) Audio lateral parted(here the other side of the case before making an adverse decision) This principle of natural Justice gave way to three main principles off fair trial: The rule gaits bias
The right too Fair hearing The right for a reasoned decision Pinochle 19998(Hoff L the courts can re-open a case if there is reason to believe that the hearing was unfair The German ideas of a fair trial suggested by section 6 are: Procedural equality – fair balance between litigants case: Dumb V Netherlands (1994) An adversarial process and disclosure of evidence Participation Appearance in person this is particularly necessary in cases where someone’s physical attributes are being assessed case salmon’s v Sweden( 2002) So what does article 6 provides section 6. Eels with civil matters and there are 4 principle of the article which constitute a fair trial: The hearing in a tribunal established by law Public hearing (pretty V Italy Public Judgment (pretty V Italy Decision delivered in a reasonable time 5. “The greatest achievement of the CPRM was Lord Wolf’s decision to introduce the Rules with the Overriding Objective. ” (R. Turner, Senior Master). What effect did the introduction of the Overriding Objective have on the structure of civil litigation in English law?
Lord Wolf reform came at a time where civil litigation was at a bad lace Cyril Glasses in the litigant ,civil litigation is in a state of crisis while cost of legal services and delays in the court process are hardly new they have recently taken on renewed urgency Unmet legal need The overriding object of the CAPRI . 1 Lord Wolf believed that the civil Justice system is one that needs to be ‘Just’ He proposed three main principles ‘proportionality ‘simplicity and ‘affordability The overriding objective: The courts should act Justly in dealing with a case this rule override any other rule in the procedure if there is a conflict.
The parties involved are supposed to help the courts in any way possible complete this rule CPRM history first the civil procedure act was passed in 1997 , Judges where then trained for 2 years before the CPRM came into force in April 1999 CPRM . 2: proportionality and distributive Justice track system Part 36: offers to settle carver V British airways authority 2008) Court of appeal Case management 1. 4 Pre action protocols CPRM 44. 5 unreasonable refusal of ADAIR 6. Is Legal Aid a human right? If not, should it be? Refer in your answer to the current methods of litigation funding in the I-J.
Continued / SECTION B 7. “Law is certain but also certainly outdated; law is consistent but also consistently wrong” (Connie, Bradley and Burton, English Legal System in Context, 2010, POP, p. 93) Critically discuss this paradoxical quote and make references on how English courts can mitigate the application of an otherwise binding precedent whose application would deliver an unjust outcome. 8. What is the impact on the doctrine of stare decides and on statutory interpretation of: the Auk’s membership of the European Union; and the passing of the Human Rights Act 1998.