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LCJ: litigation preferable to arbitration in commercial cases
The growth of arbitration as a means of resolving commercial disputes has retarded the development of the common law and the balance between the two should be re-examined, according to the Lord Chief Justice. He said the law had gone “too far” in favouring arbitration over “the development of the common law”.
Lord Chief Justice suggests rethink on judicial review interventions
The Lord Chief Justice has suggested that the new costs rules on interventions in judicial reviews should be looked at again. Giving evidence to the justice select committee, he also argued for word-limited submissions to the Court of Appeal.
Lord Chief Justice floats vision of joint international commercial courts
Cases could one day be heard before joint international commercial courts, involving tribunals made up of judges from each jurisdiction, according to an idea “thinking the unthinkable” floated by the Lord Chief Justice of England and Wales. He has also set in motion the creation of a forum of commercial courts to bring a common approach to the resolution of international disputes.
Privatised systems of justice mean “the law can ossify”, LCJ warns
Privatised systems of justice, such as arbitration, can result in situations where the “law can ossify” and democracy is undermined, the Lord Chief Justice has warned. Lord Thomas said that “many have felt” that the restrictions on the right to appeal decisions of commercial arbitrators were “too tight”.
LCJ: Fewer judges and “more registrars or facilitators” is consistent with Magna Carta
Less use of judges and greater use of “registrars or facilitators” is “entirely consistent” with the Magna Carta, the Lord Chief Justice has argued. Lord Thomas said technology would enable the justice system to “move away from the provision of the much beloved local court”.
Judicial College to train foreign judges – for a fee
The Judicial College, which trains UK judges, has said that it intends to “introduce a charging scheme for the delivery of international training”. The college said it wanted to expand its international training activities
Dyson backs “institutional” response to unfair criticism of judges
The Master of the Rolls has called for an “institutional response” to unfair criticism of judges by politicians and the media. Lord Dyson said there were “a number of hazards” in judges responding personally.
