Have to admit I wasn't aware of this. I have to do some research on the cases they sat on the same bench to see for myself.
(Original post by nulli tertius)
Recorder may of course mean did a bit of knock about civil in the County Court
That assumes they will all sit for as long as they can.
Hoffman was Mance's tutor and you rarely found them on opposite sides of any issue.
I quite doubt though the appointment issue is a matter of "politics". At least I want to believe so.
However, I still have a question: How does Arden fit into this? I mean ok, she and Mance are married but it is not at all professional to intervene in order to appoint her. Moreover, I might be wrong but didn't Arden and Hoffmann have some sort of an "argument" a couple of years ago about a human rights issue that was obvious from some lectures? I do remember reading it in a blog but I cannot find it right now. I'll keep searching for the link and try to post it.
Found it! http://www.rozenberg.net/weblog/arch...5/what_if.html
Plus I think Mance's letter of complaint to the Lord Chancellor regarding the issue of appointing Sumption the first time round didn't go down that well!
By the way, any suggestions on who may be the new president of the Supreme Court? Or maybe who would you like to see?
(Is it ok that we are posting ALL this in a thread about the BPTC? Maybe we should create a new thread where we'll be free to "gossip" about the judiciary!)
Last edited by angelin; 04-06-2012 at 15:33.
Reason: Added link to blog
"They are suffering the penalty. The JAC is not being knocked over in the rush to apply for the High Court bench." What exactly do you mean by that?
(Original post by nulli tertius)
The LC is being given power to issue statutory guidance on the appointments and will himself be a member of the panel for the appointment of the President and the LCJ. I think the view was that appointments process had become a little too self-selecting.
I wasn't aware of the Arden lecture but she has spectacularly missed the point. Hoffman is saying Strasbourg shouldn't meddle where we have thought deeply about it. She is saying, when we thought deeply about it, we warned Strasbourg wouldn't like it. That Strasbourg didn't like it, didn't discredit the quality of the Law Com's thinking on the subject.
They are suffering the penalty. The JAC is not being knocked over in the rush to apply for the High Court bench.
The court needs a "strong" leader. Too many dissents, too many bare majority decisions, too many full courts.
The strongest leaders have generally been the outsiders; the Scots and the politicians, and also those with brains the size of planets.
I would pass over the Court of Appeal. Only the family lawyers are stand outs and we don't need another family lawyer.
Sumption is a possible. Mance, also, but I think that would cut his wife off. What about Lynda Clark? She is only in the Outer House so it would be a leapfrog appointment but as it is taking 11 years to get to the Inner House now, the LP and LJC are really non-starters. Mackay of Drumadoon was a politician and is a Scot and is in the Inner House. There have been very short periods when three Scots sat simultaneously.
It probably should be moved.
Who are the family lawyers in the CA that are standouts for promotion to the Supreme Court? Ward is excellent but he is probably retiring, as does Thorpe and I believe the latter is not such a "leader"!
Sumption could be good, but many might not like him being the one replacing Phillips. He was just appointed to the court, not to mention that the only prior judicial experience he has is as a deputy High Court judge and as a judge at the Court of Appeal of Jersey and Guernsey. He was head of Brick Court but running chambers is not the same as running a court. If not him or Neuberger, I'd either go for Dyson or Mance. Indeed you do have a point when you say that were Mance to become president, Arden would automatically be disqualified from applying, but I am wondering whether he could exclude himself from the panel of Arden applied again. Plus if the replacement of Phillips is chosen from the existing bench of the Supreme Court, then the vacancy Phillips leaves still have to be filled, so if Arden applies and Phillips is still president then I see no involvement of Mance in the process. Brenda could also be a candidate for the post!!
I don't know much about the judiciary of Scotland so I am not able to comment on it!
Last edited by angelin; 04-06-2012 at 17:58.