Archive for October 2015
On 1 August 2015, I noted the decision to create a new financial list and set out a diagram explaining how this would operate in the High Court.
In October 2015, further guidance on the financial list was published, and a formal event to launch the new list was held on 21 October 2015.
It will be overseen by the Chancellor of the Chancery Division and the Judge in charge of the Commercial Court of the Queens Bench Division. Cases will be heard in the Rolls Building in London.
This is an important strategic move by the judiciary, in collaboration with those groups of the legal profession who deal with these major financial cases, to try to ensure that London remains the litigation forum of choice for these kinds of cases.
One of the interesting points that was made at the time of the launch was the extent to which judicial decisions emanating from these arrangements will (or will not) align with rulings from Financial Regulators.
To read the guide, go to https://www.gov.uk/government/publications/financial-list-guide
To read some remarks of the Lord Chief Justice on the launch of the list go to https://www.judiciary.gov.uk/announcements/financial-list-press-release/
Constitutional conventions are an important features of the UK constitutional settlement. As the conventions are not exactly rules in the normal sense, it can on occasion be hard to know what they are and when they apply. In 2011, the then Coalition Government published a statement of Constitutional Conventions that had been drafted by the then Secretary to the Cabinet Sir Gus O’Donnell. Although the work had been started at the request of the former Prime Minister, Gordon Brown MP, it was thought to be particularly helpful to guide the Coalition Government, led by David Cameron and Nick Clegg. The book was published in October 2011.
Recent events in the House of Lords – where a draft Statutory Instrument (which was designed, as part of the Government’s Welfare Reform plan, to cut tax credits to those in work) were not approved by a majority of the Lords, despite being approved in the House of Commons – have thrown a new spotlight on these conventional rules. (They have also reopened the wider issue of the composition of the House of Lords and whether or not it should become an elected body.)
The specific issue – relating to the approval of the Statutory Instrument already approved in the House of Commons – is to be subject to a review led by Lord Strathclyde.
This incident emphasises the point that while the process of government usually ticks over in a fairly ordered way, the lack of detail written rules can on occasion lead to considerable controversy.
The Cabinet Manual setting out the main laws, rules and conventions affecting the conduct and operation of government is available at https://www.gov.uk/government/publications/cabinet-manual
It is some time since I wrote in this blog about restorative justice. (See Nov 2012 and April 2013).
The leading charity in the field, the Resorative Justice Council, has just (October 2015) published an information pack about restorative justice.The pack has been developed with the help of the Magistrates’ Association, the Ministry of Justice and Her Majesty’s Courts and Tribunals Service.
It is designed to help magistrates, crown court judges and court staff to understand restorative justice, the benefits it can bring to all parties involved in a crime and the role that the judiciary can play in the process.
As well as providing information on restorative justice and its use in sentencing, the pack features a checklist for restorative justice, an article about why the judiciary can have confidence in the approach, and the voices of victims and offenders who have taken part in a restorative justice process.
The pack can be downloaded free from https://www.restorativejustice.org.uk/resources/restorative-justice-and-judiciary-information-pack
This post summarises the findings of a study into the effects of judicial review (JR) in England and Wales which was funded by the Nuffield Foundation and undertaken by the Public Law Project and the University of Essex, with Maurice Sunkin as the Principal Investigator.
By Varda Bondy, Lucinda Platt and Maurice Sunkin
The Value and Effects of Judicial Review: The Nature of Claims, their Outcomes and Consequences concerns the use and effects of judicial review (JR) in England and Wales, primarily from a claimant perspective. Judicial review provides a route for obtaining legal redress against public bodies, including in human rights cases, when no other suitable remedy is available. It also provides a means by which public bodies may be held accountable for the legality of their actions. In these ways JR gives practical effect to the rule of law.
- builds on previous work to throw…
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On 22 October 2015, the UK Parliament agreed new legislative procedures for enacting bills, or provisions in bills, that apply only to England. This has been one of the extremely controversial consequences of the Referendum on Scottish Independence.
The policy paper supporting the changes states:
English votes for English laws addresses the so-called ‘West Lothian Question’ – the position where English MPs cannot vote on matters which have been devolved to other parts of the UK, but Scottish, Welsh and Northern Ireland MPs can vote on those same matters when the UK Parliament is legislating solely for England.
It goes on to say:
These proposals change the process by which legislation is considered by the House of Commons so that MPs with constituencies in England (and where relevant England and Wales) are asked to give their consent to legislation that only affects England (or England and Wales), and is on matters that are devolved elsewhere in the UK. Those MPs will therefore have the opportunity to veto such legislation.
The new process will apply to government bills introduced in the Commons after the new rules are agreed. It will then apply to all parts of government bills which are certified by the Speaker as containing English, or English and Welsh, provisions. It will not apply to routine bills that implement the House’s spending decisions contained in the Estimates. It will also apply to secondary legislation.
The following changes to the legislative process are made:
- Any bills that the Speaker has certified as England-only in their entirety will be considered by only English MPs at committee stage. The membership of this committee will reflect the numbers of MPs that parties have in England.
- After the Report Stage, for bills containing English or English and Welsh provisions, there is then a process for gaining the consent of English or English and Welsh MPs. These MPs will form a legislative Grand Committee who will consider a consent motion for any clauses that the Speaker has certified as English or English and Welsh only. This is a new stage to allow all English or English & Welsh MPs either to consent to or to veto those clauses. At this stage no amendments to the text of the bill can be made but specified clauses can be vetoed by amendments to the consent motion. In the case of a bill which is England-only, or England and Wales only, this stage allows those MPs to consent to or veto the whole bill.
- If clauses of the bill are vetoed by the legislative Grand Committee there is a reconsideration stage when further amendments can be made, to enable compromises to be reached. The whole House can participate in this stage, which is, in effect, a second report stage for disputed parts of the bill.
- This is followed by a second legislative Grand Committee at which all English or English and Welsh MPs are asked to consent to the amendments made by the whole House. If no agreement is reached at this point, the disputed parts of the bill fall.
- Following report stage and any consent motions the bill continues to third reading, in which as now all MPs can participate. It then progresses to the House of Lords.
- The legislative process in the House of Lords is unchanged.
- If the bill is amended by the House of Lords, then when it returns to the Commons the Speaker is required to certify any motions relating to Lords amendments to the bill, on the same basis as before. Any votes on amendments that have been certified as England or England and Wales only will be subject to a double majority vote. That is to say that such amendments will have to be supported by a majority of English or English and Welsh MPs as well as a majority of all MPs before they can become law.
- The process for bills that start in the House of Lords is similar, with bills being certified when they first arrive in the House of Commons.
Special rules apply to Finance Bills and to Secondary Legislation.
The changes are clearly complex. The Government plans to ask the House of Commons Procedure Committee to review the new procedures after they have been used.
The above is adapted from the Government Policy Paper, available at https://www.gov.uk/government/publications/english-votes-for-english-laws-proposed-changes/english-votes-for-english-laws-an-explanatory-guide-to-proposals
A more detailed guide, as well as the changes to the standing orders of the House of Commons and accompanying Explanatory Notes are available at https://www.gov.uk/government/publications/english-votes-for-english-laws-proposed-changes
An excellent research review prepared by Richard Kelly in the House of Commons Library, which gives a detailed account of the background to the whole issue, is at http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7339
Sir Ernest Ryder has replaced Sir Jeremy Sullivan as Senior President of Tribunals. He took up the role in September 2015.
More information about Sir Ernest is at https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/biographies/senior-president-tribunals-biography/
In December 2012 I published a podcast with Lady Justice Hallett on the work of the Judicial College in training the judiciary. Her role was taken over by Lady Justice Rafferty in August 2014.
The work of the College has continued to develop although with reduced resources.
It still provides core induction training for all new judges – different courses depending on the type of judge concerned – criminal, civil, administrative.
But its most notable innovation has been the creation of an extensive prospectus of courses to which sitting judges may sign up. (They have to undertake a minimum amount of compulsory professional development wach year). The scope of the programme is considerable and includes a number of academic seminars bringing together judges and legal scholars. The bulk of the programme focusses on practical matters arising in different subject areas.
Information about the work of the Judicial College can be found at https://www.judiciary.gov.uk/about-the-judiciary/training-support/judicial-college/
The current prospectus (valid until March 2015) can be accessed by clicking on the link on that page.
The Equal Treatment Bench Book, published by the College is also available on-line. See https://www.judiciary.gov.uk/publications/equal-treatment-bench-book/