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27 September 2007
Issue: 7290 / Categories: Legal News , Constitutional law
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Lord chief justice attacks judge selection plans

News

Government plans to introduce a US-style of judge selection, where Parliament would be instrumental in their appointment, have been criticised by the lord chief justice.

Lord Phillips says he is against such a role for the executive in appointing judges, as laid out in the recent green paper—The Governance of Britain—published by the Ministry of Justice.

During an address to the Commonwealth Law Conference in Kenya, he expressed concern about the “growing tendency” to challenge the mandate of judges.

“Some say that our decisions are not legitimate, because we have not been elected. They point to the US, where some judges are elected and where, at the highest level in the federal system, candidates are subjected to confirmation hearings.”

In the green paper, the government suggests it is “willing to look at the future of its role in judicial appointments,” exploring the possibility of “going further than the present arrangement, including, conceivably, a role for Parliament itself, after consultation with the judiciary, Parliament and the public if it is felt that there is a need”.

Lord Phillips said: “I am only aware of one Commonwealth country where Parliament is involved in judicial appointments and that is Mozambique. I see no need for such an innovation in the UK.”

Issue: 7290 / Categories: Legal News , Constitutional law
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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