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1
Glass, Melissa. "“The Rust of Antiquity”?: Print Culture, Custom, and the Manorial Court Guidebooks of Early Modern England." Canadian Journal of History 56, no. 1 (April 2021): 1–23. http://dx.doi.org/10.3138/cjh-56-1-2020-0032.
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Early modern England’s manor courts were local institutions controlled by landlords, operated by their stewards, and governed by customary law. They fulfilled a wide variety of legislative, punitive, and adjudicative functions regarding the regulation of community resources and the resolution of minor conflicts between tenants. Starting in the mid-sixteenth century, publishers in London began to print short, accessible manuals that explained how to operate these manor courts. The eight manor court guidebooks published in English from 1561 to 1666 that are examined in this article illustrate the important role that manor courts continued to play in daily life. But their publication also contributed to the codification, and eventually the gradual corrosion, of localized customs that formed the foundation of the courts’ jurisdiction. Custom and communal memory continued to play a large role in the organization of early modern English society, but these unwritten customs were increasingly in tension with broader cultural impulses towards codification and uniformity that were reinforced by the published guidebooks. The impact of these guidebooks was ultimately to delimit the jurisdiction of the courts, encourage the professionalization of court officials, diminish the significance of local customs, and confirm the authority of landlords by articulating their positions as local leaders. Manorial court guidebooks are useful illustrations of how the educated elite in early modern England saw customary law as a necessary but old-fashioned form of justice without a clear role in the country’s legal system in the future.
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O’Mahony, Brendan. "Perspective from the dock: Communicating with a vulnerable defendant at Crown Court." Forensic Update 1, no. 104 (2011): 38–42. http://dx.doi.org/10.53841/bpsfu.2011.1.104.38.
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Using a case study approach, this article will offer a reflective account of how a forensic psychologist can utilise professional skills and training in a secondary role within the criminal justice system, namely as an intermediary. Registered intermediaries (RI) are professionals from backgrounds such as psychology, speech therapy and mental health nursing who have been selected by the Ministry of Justice as suitable to be trained for this additional role during police witness interviews and when vulnerable witnesses give testimony at court. Selected professionals receive five days’ training with barristers from the City Law School in London about the legal processes of working as an RI within the police station and at court. There are approximately 120 registered intermediaries available in England and Wales who were recruited specifically to work with vulnerable witnesses rather than vulnerable defendants (O’Mahony, 2008/9). My interest in the scheme arose four years ago as a result of my interest in policing and the criminal courts as well as my work at the time in working with adults with a learning disability who had been detained in a medium secure unit.
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Moran, Leslie. "Carte de visite of ‘The Lord Chief Justice of England’ (Sir Alexander James Edmund Cockburn, 12th Baronet) by London Stereoscopic and Photographic Company, circa 1873." Northern Ireland Legal Quarterly 68, no. 3 (November 7, 2017): 245–57. http://dx.doi.org/10.53386/nilq.v68i3.38.
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The carte de visite of ‘The Lord Chief Justice of England’ (Sir Alexander James Edmund Cockburn, 12th Baronet) by London Stereoscopic and Photographic Company that dates from the early 1870s is an object that provokes and challenges ways of thinking about the judiciary and visual culture and research on the judiciary more generally. It demands that consideration be given to a history of the relationship between the judiciary, photography and mass media that has been hidden from history by the long shadows of cameras in courts research. It provides an opportunity to consider how the technological innovations that turned photography into a mass media phenomenon impacted upon the making, distribution and use of pictures of judges.
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Wegemer, Gerard. "England’s Civil Wars: Young Thomas More’s Assessment and Solutions." Moreana 48 (Number 183-, no. 1-2 (June 2011): 37–71. http://dx.doi.org/10.3366/more.2011.48.1-2.4.
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This analysis argues that Thomas More’s Richard III is a work of what Cicero would call studia humanitatis, designed to educate “first citizens” about human nature, the requirements of political life, and the arts needed to fashion justice, liberty, peace, and prosperity. Special attention is given to More’s use of Ciceronian vocabulary (respublica, humanitas, libertas, princeps, privates, fides, consilium) and the vocabulary of centuries-old London institutions (mayor, sheriff, alderman, recorder, independent courts, sanctuary, “senate,” “forum”). The article ends with a summary of young More’s solutions to England’s problems of civil war.
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Hodge, Patrick S. "Does Scotland need its own Commercial Law?" Edinburgh Law Review 19, no. 3 (September 2015): 299–310. http://dx.doi.org/10.3366/elr.2015.0292.
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In this article, Lord Hodge, Justice of the United Kingdom Supreme Court, draws on his long experience of commercial advocacy and of judicial office at both the Court of Session in Scotland and the Supreme Court in London, to ponder the question of whether Scotland continues to require a commercial law which is distinctive to that of other nations, in particular to that of England. Lord Hodge's evaluation of the question posed offers a mixed response: there is much of value in many of the solutions adopted by Scots commercial law, however law reformers, academics, and judges must be open to good things from elsewhere and must build bridges to make Scots commercial law accessible to those outside Scotland with whom Scotland does business.
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Hocutt, Max O. "Imagining Interest in Political Thought: Origins of Economic Rationality." Canadian Journal of Political Science 37, no. 4 (December 2004): 1033–35. http://dx.doi.org/10.1017/s0008423904300211.
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Imagining Interest in Political Thought: Origins of Economic Rationality, Stephen G. Engelmann, Durham and London: Duke University Press, 2003, pp. x, 194This always fascinating but sometimes frustrating volume undertakes to trace the natural history of what its author calls neo-liberalism, meaning the kind of economic analysis and approach to governance practiced by such denizens of the Chicago school as Nobel Prize winner Gary Becker and appeals court Justice Richard Posner. A professor at the University of Illinois in Chicago, Engelmann contends that this mode of analysis grew out of a way of thinking that was brought to maturity by Jeremy Bentham but had already begun to take root in Cromwell's England.
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Blaney, Ian. "Church Courts and the People in Seventeenth-Century England – Ecclesiastical Justice in Peril at Winchester, Worcester and Wells Andrew Thomson UCL Press, London, 2022, 268 pp (paperback £25), ISBN: 9781800083134." Ecclesiastical Law Journal 25, no. 3 (September 2023): 381–83. http://dx.doi.org/10.1017/s0956618x23000303.
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Gibson, William. "Church Courts and the People in Seventeenth Century England. Ecclesiastical Justice in Peril at Winchester, Worcester and Wells. By Andrew Thomson. London: UCL Press, 2022. Xvi + 251 pp. £25 paper." Church History 92, no. 3 (September 2023): 727–28. http://dx.doi.org/10.1017/s0009640723002639.
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Yuniar, Vania Shafira, and Florentiana Yuwono. "The Comparison Of Arbitration Dispute Resolution Process Between Indonesian National Arbitration Board (BANI) And London Court Of International Arbitration (LCIA)." Journal of Private and Commercial Law 6, no. 1 (June 1, 2022): 77–99. http://dx.doi.org/10.15294/jpcl.v6i1.30265.
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Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the disputing parties. Each country has a different settlement process. In Indonesia arbitration is based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The Indonesian National Arbitration Board (BANI) is an agency established by the Indonesian government for law enforcement in Indonesia in resolving disputes or differences of opinion that occur in various trade, industrial and financial sectors. Likewise in Indonesia, in England there is also an Arbitration Board called LCIA which is one of the oldest arbitration institutions in the world and has resolved 303 cases annually. This agency acts autonomously and independently in upholding law and justice. The purpose of this research is to determine the differences in the dispute resolution process through arbitration in Indonesia and the UK. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results prove that the process and procedures for dispute resolution at the LCIA institution are different from the BANI institution in the process and procedures. as well as the legal basis used in resolving the parties' business disputes.
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Prest, Wilfrid. "William Lambarde, Elizabethan Law Reform, and Early Stuart Politics." Journal of British Studies 34, no. 4 (October 1995): 464–80. http://dx.doi.org/10.1086/386087.
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William Lambarde (1536–1601) has been much celebrated, and cited, by historians of Tudor England. Besides compiling what is generally recognized as the earliest county history (A Perambulation of Kent, completed in 1570; first published in 1576) and a pioneering edition of Anglo-Saxon laws and customs (Archaionomia, 1568), Lambarde's famous manual on the duties, powers, and responsibilities of justices of the peace (Eirenarcha, 1581) “gives an account, which is both complete and systematic, of the organization of the local government … as it stood at the end of the sixteenth century.” Although his abilities and achievements received only a modest measure of contemporary recognition, toward the end of his life Lambarde successively acquired the posts of Deputy in the Alienations Office (1589), Master in Chancery Extraordinary (1592), Master in Chancery and Deputy Keeper of the Rolls (1597), and Keeper of Records in the Tower of London (1601). He had been associated to the bench of Lincoln's Inn in 1579 (having, as the Black Book citation put it, “deserved universallie well of his comon wealth and contrie”); these promotions induced the ruling Council to make him a full bencher, “being one of Her Majesties Masters of hir Court of Chancery and of great reading, learning and experience.”In depicting the conscientious Elizabethan J.P. as burdened by “stacks of statutes,” Lambarde coined a phrase which has indeed “burrowed its way into most historical textbooks.” Besides numerous articles, modern scholarly interest in the man and his works has generated two biographies (published in 1965 and 1973), while the point of departure for John Howes Gleason's institutional-cumprosopographical account of local government under Elizabeth I and the early Stuarts was Lambarde's own record of his activities as a Kentish justice in the 1580s.
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Claydon, Tony. "Church courts and the people in seventeenth-century England. Ecclesiastical justice in peril at Winchester, Worcester and Wells. By Andrew Thomson. Pp. xvi + 251 incl. 1 map. London: UCL Press, 2022. £25 (paper). 978 1 80008 314 1." Journal of Ecclesiastical History 75, no. 1 (December 20, 2023): 183–84. http://dx.doi.org/10.1017/s0022046923001628.
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Baraldi, Mario, and Ermelinda Hepaj. "Giudici a confronto: come il giudice italiano individuerebbe il <i>‘beneficial owner’</i> in una situazione analoga a quella della causa <i>NRC Holding</i> (<i>NRC Holding</i> v <i>Danilitskiy</i>, 2017)." Trusts, no. 3 (June 1, 2022): 523–42. http://dx.doi.org/10.35948/1590-5586/2022.124.
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Tesi Nel caso NRC Holding v Danilitskiy, i fatti in causa si riferiscono ad un caso particolare di trasferimento immobiliare operante in Inghilterra: l’acquisto di un bene compiuto con denaro fornito da un terzo che non compare nell’atto di compravendita. In questi casi, secondo la Corte inglese, la parte che fornisce il denaro è titolare del beneficial interest, mentre l’altra è mero titolare formale del bene; detto altrimenti, la presunta intenzione delle parti può dar luogo ad un caso di resulting trust. La Corte, infatti, ricorrendo ad una attentata ricostruzione dei fatti, prendendo le mosse dalla volontà del convenuto contumace e seguendo l’iter delle azioni da questi poste in essere, individua un caso di resulting trust a favore del convenuto stesso. In un caso come quello esaminato dalla High Court of Justice di Londra, un giudice italiano potrebbe configurare l’esistenza di un negozio fiduciario o di un contratto di prestanome tra il debitore e la società acquirente, individuando nel debitore il beneficial owner. L’attrice, conseguentemente, potrebbe ricorrere all’azione revocatoria o potrebbe agire in via surrogatoria chiedendo che, in esecuzione del negozio sottostante, venga disposto il trasferimento dell’immobile al debitore così che il creditore possa poi soddisfarsi sul bene. The author’s view In NRC Holding v Danilitskiy’s case, the facts relate to a particular event of real estate transfer operative in England: the purchase of a property made with money provided by a third party who does not appear in the deed of sale. In such cases, according to the English Court, the party providing the money has the beneficial interest, while the other party is merely the formal owner of the property; in other words, the presumed intention of the parties may give rise to a case of resulting trust. The Court, in fact, applying a careful reconstruction of the facts, starting from the will of the defendant in absentia and following the course of his actions, identifies a case of resulting trust in favour of the same defendant. In a case such as the one examined by the High Court of Justice in London, an Italian judge could consider that a fiduciary or a nominee agreement exists between the debtor and the acquiring company, identifying the debtor as the beneficial owner. The plaintiff, consequently, could bring a clawback action or could act in subrogation by requesting, by way of execution of the underlying agreement, the transfer of the real estate to the debtor, so that the creditor can then satisfy himself on this asset.
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OGBORN, MILES. "“IT'S NOT WHAT YOU KNOW . . .”: ENCOUNTERS, GO-BETWEENS AND THE GEOGRAPHY OF KNOWLEDGE." Modern Intellectual History 10, no. 1 (April 2013): 163–75. http://dx.doi.org/10.1017/s147924431200039x.
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Sometime in the 1760s, a Constantinople-born, French-educated Muslim arrived at the port of Balassor in north-east India. Known variously as Mustapha or Monsieur Raymond, he had, he later wrote, “with a mediocre dictionary and a bad grammar”, and by conversing with the ship's captain en route from Bombay, “learned enough of English . . . as I might delight in Bolingbroke's Philosophical works”. This student of contemporary intellectual history soon put his knowledge to work, securing a position translating for Robert Clive, the conquering hero of the English East India Company's new imperial administration in India. Subsequently falling from favour, Mustapha crossed over to seek employment with the English company's French rivals, earning himself a spell in prison as a spy. He also travelled to Mecca, where he gained the honorific “Haji” but lost his fortune, his cabinet of curiosities and his collection of books and manuscripts. He then became the keeper of a zenana (to the Europeans, a harem or seraglio), and he entered the world of publishing. In 1789, in Calcutta, Mustapha had printed for himself a pamphlet-length diatribe on the iniquitous administration of the law in British Bengal entitled Some Idea of the Civil and Criminal Courts of Justice at Moorshoodabad. In the same year he was also involved, as the pseudonymous editor “Nota Manus”, in the publication of a three-volume English translation of a Persian work of Indian history—Ghulam Hussain Khan Tabatabai's Seir Mutaqherin, or View of Modern Times (written in 1781–2)—which dealt with the British conquest and administration of Bengal, and offered a stern critique of the new rulers who seemed to have “an aversion to the Society of Indians, and a disdain against conversing with them”. Finally, Mustapha (who called himself a “Semi-Englishman” who had the interests of his “adopted countrymen” at heart) claimed to have published in London a work of futurology entitled State of Europe in 1800. In his encounters with Europeans, his travels within and beyond India (although he never made it to England as he had planned), and his involvement in the production of historical and geographical knowledge, Mustapha was deeply interested in that which shaped his own fortunes: the relationships of knowledge and power between Europe and other parts of the world.
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Naidu, Natasha. "The Nightingale Court Experiment: Lessons for Access to Justice in a Post-Pandemic World." Windsor Yearbook of Access to Justice 39 (November 7, 2023): 145–68. http://dx.doi.org/10.22329/wyaj.v39.8301.
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The literature is yet to consider the contribution of Nightingale Courts to access to justice in England and Wales during the COVID-19 pandemic. Nightingale Courts are courts that have been set up in repurposed buildings, such as town halls, hotels, and theatres, to facilitate socially distanced trials and hearings. I fill this gap by asking: to what extent have Nightingale Courts addressed access to justice concerns during the pandemic, and what lessons do Nightingale Courts hold for access to justice across jurisdictions and in the future? I argue that though costly and complex, Nightingale Courts have helped to prevent a further worsening of delay during the pandemic. Then, I explore the lessons of the Nightingale Court experiment for access to justice across jurisdictions and in a post-pandemic world. I consider Nightingale Courts as an experiment for legal architecture, informal justice, and adaptation and resilience. I conclude that Nightingale Courts have maintained and preserved access to the legal system during a time of crisis and thereby contributed to the resilience of the system.
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Prince, Sue. "Encouragement of mediation in England and Wales has been futile: is there now a role for online dispute resolution in settling low-value claims?" International Journal of Law in Context 16, no. 2 (June 2020): 181–96. http://dx.doi.org/10.1017/s1744552320000130.
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AbstractIn England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways.
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Nason, Sarah. "Justice Outside London? Five Years of “Regional” Administrative Courts." Judicial Review 19, no. 3 (September 24, 2014): 188–99. http://dx.doi.org/10.5235/10854681.19.3.188.
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Simon, Jonathan. "Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins." Daedalus 143, no. 3 (July 2014): 62–72. http://dx.doi.org/10.1162/daed_a_00288.
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This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.
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Newman, Daniel, and Roxanna Dehaghani. "Court Closures." Amicus Curiae 5, no. 1 (October 27, 2023): 1–24. http://dx.doi.org/10.14296/ac.v5i1.5658.
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England and Wales have seen court modernization programmes since 2010, which have led to nearly half of all courts closing. There has been a disproportionate impact on Wales, which has seen higher rates of court closures in comparison to England. This article explores the implications of these court closures by focusing on experiences in south Wales. The article draws on interviews with solicitors and barristers working in south Wales to further understand how court closures are impacting the communities that the courts serve and the people that use the courts. The court closures are shown to challenge access to justice, and there emerges a need for more study on the effects of court closures in Wales, and across the jurisdiction. Keywords: courts; court closures; Wales; austerity; lawyers
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Schmidt, Albert J. "The Country Attorney in Late Eighteenth-Century England: Benjamin Smith of Horbling." Law and History Review 8, no. 2 (1990): 237–71. http://dx.doi.org/10.2307/743993.
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Three themes crucial to understanding eighteenth-century British history converge when one writes about the country attorney: the professions, which had a remarkable development in Georgian England; the rural practitioner as distinct from his urban, principally London, counterpart about whom much more has been written; and the local economy in which attorneys performed as conveyancers, money lenders, managers of landed properties, copyhold court holders, and clerks—for justices of the peace, at the assizes, on turnpike, enclosure, and drainage commissions, for charities, and for law and order associations. Popular literature notwithstanding, country attorneys were not so often knaves using their skills to cheat unwitting clients as indispensable cogs in the rural economy where they served the interests of the landholding classes.
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DeBRINCAT, DOMINIC. "Discolored Justice: Blacks in New London County Courts, 1710-1750." Connecticut History Review 44, no. 2 (October 1, 2005): 183–204. http://dx.doi.org/10.2307/44369689.
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Westcott, Helen L. "The 1991 Criminal Justice Act: Research on Children's Testimony." Adoption & Fostering 16, no. 3 (October 1992): 7–12. http://dx.doi.org/10.1177/030857599201600305.
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The 1991 Criminal Justice Act introduced new legislation governing the way children may testify in courts in England and Wales. Helen Westcott reviews these legislative reforms in the light of recent research on child witnesses, and highlights some of the difficulties which will still remain for children called to testify.
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Elliott, Mark, and Robert Thomas. "TRIBUNAL JUSTICE AND PROPORTIONATE DISPUTE RESOLUTION." Cambridge Law Journal 71, no. 2 (June 15, 2012): 297–324. http://dx.doi.org/10.1017/s0008197312000505.
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AbstractThe tribunals system in England and Wales has been transformed by the entry into force of the Tribunals, Courts and Enforcement Act 2007; among other things, tribunals are now located more firmly and explicitly than ever before within the judicial branch. Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept of “proportionate dispute resolution” as a means by which to delimit regular courts' oversight of tribunals' decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).
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Magrath, Paul. "Coronavirus, the Courts and Case Information." Legal Information Management 20, no. 3 (September 2020): 126–32. http://dx.doi.org/10.1017/s1472669620000304.
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AbstractThe coronavirus pandemic has had a profound effect on the conduct of legal business generally, but nowhere perhaps more drastically than on the conduct of litigation in the courts. This article by Paul Magrath considers how the judiciary, court services and practitioners of England and Wales have been working together to continue to administer justice in spite of the restrictions necessitated by the pandemic, and the challenges that have been faced in managing court information and reporting court proceedings.
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ЕРМАКОВА, Елена Петровна. "ONLINE DISPUTE RESOLUTION PILOTS IN ENGLAND AND THE JUDICIAL REVIEW AND COURTS ACT 2022." Rule-of-law state: theory and practice 19, no. 1(71) (April 5, 2023): 102–9. http://dx.doi.org/10.33184/pravgos-2023.1.16.
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The current task of the Russian legislature in developing new procedures for dispute resolution using modern technologies is to apply the latest experience of advanced foreign countries in this sphere. The UK is undoubtedly one of these countries. The UK’s experience in digitizing its own justice system and establishing an online court is the focus of this article. It analyzes the concept of online courts in the UK, various pilots in this field, as well as the Judicial Review and Courts Act 2022, which enshrined a number of provisions regarding online procedures; it identifies some shortcomings of the concept of online procedure and pilot projects. Purpose: based on the analysis of pilot projects reports, regulations and scientific sources to form an idea of the formation and development of online dispute resolution (ODR) procedure in courts and tribunals of Great Britain. Methods: theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Such specific scientific methods as legal-dogmatic and interpretation of legal norms are used. The study reveals that, against the background of austerity, justice in England and Wales is changing significantly through the use of technologies, which begs the question: are the fundamental principles of due process being lost in the pursuit of modernization and efficiency? The attempt to digitize the UK’s justice system involves the creation of an online court, the feature of which is mediation built into the procedure as part of dispute resolution. It is expected that the online court will become a mandatory forum for resolving cases within its jurisdiction and will initially deal with money disputes of up to £25,000. However, the issues of access to justice for all categories of citizens and the openness and transparency of justice have not yet been resolved.
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August, Andrew. "“A Horrible Looking Woman”: Female Violence in Late-Victorian East London." Journal of British Studies 54, no. 4 (September 2, 2015): 844–68. http://dx.doi.org/10.1017/jbr.2015.116.
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AbstractScholars have attributed a steep decline in violent crime in nineteenth-century England to a “civilizing offensive” launched to discipline violent masculinities. In East London, however, a significant minority of those brought before summary courts on charges of violent offenses were women. Newspaper accounts of these cases show that some women committed assaults that resembled the violent actions of men. The courts and newspapers evaluated defendants against standards of femininity. Those women who successfully performed dominant versions of femininity received lenient treatment in the courts and approval in the newspapers. The courts harshly punished those who did not conform. These accounts reveal a campaign against disorderly femininities that paralleled the civilizing offensive directed against unruly masculinities.
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Ahmed, Sabreen. "Online Courts and Private and Public Aspects of Open Justice: Enhancing Access to Court or Violating the Right to Privacy?" Age of Human Rights Journal, no. 20 (May 3, 2023): e7516. http://dx.doi.org/10.17561/tahrj.v20.7516.
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As the technological revolution takes over the world, the justice system is also susceptible to change. The Online Court of England and Wales (‘OC’) is an example of such a step taken in that direction. However, some argue that this has vast implications on access to justice for the ‘digitally excluded’ or the Litigant-in-Persons (LIP). While this argument is warranted, it fails to address the two essential implications of Online Courts: First, the potential of online courts to enhance access to justice by legally empowering LIPs along with enhancing access to court for them (Private Aspect of open justice). Further, such access to court is enhanced for the general public and the media (Public Aspect of open justice) alike. Secondly, the threat of uncontrolled access to online proceedings facilitated by modern avenues like ‘live-streaming’ and ‘live-tweeting’, turning justice into a disruptive one. This article argues that OC is better placed at improving access to justice issues than physical courts, by enhancing both the private and public aspects of open justice. However, enhancing the public aspect also poses major threats to the Right to Privacy of individuals. Further, this article argues that a more nuanced approach towards a future technology-focused justice system needs to balance the public aspect of the open justice principle with the Right to privacy. Hence, this article suggests that regulative and accountability measures like ‘penalty point systems’ should be placed right from the outset to prevent any leakage of sensitive data prompted by uncontrolled access to online courts.
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Curtis, Sarah. "Youth Justice Assessment Procedures." Child Psychology and Psychiatry Review 6, no. 1 (February 2001): 21–23. http://dx.doi.org/10.1017/s1360641700002458.
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This article analyses assessment procedures for young offenders aged 10 to 17 years who receive a police Final Warning or appear before Youth Courts in England and Wales. Members of Youth Justice Teams (YOTs) use detailed ‘Asset’ forms to collate information about the background, education, life-style and personal characteristics of the young people. The replies are scored to indicate the risk of further offending and the YOTs make their recommendations for intervention. The author points out that punishment has to be proportional to the crime but many young people and their families require long-term help if they are to be diverted from crime.
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Moran, Leslie J. "Mass-mediated ‘open justice’: court and judicial reports in the Press in England and Wales." Legal Studies 34, no. 1 (March 1, 2014): 143–66. http://dx.doi.org/10.1111/lest.12011.
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The need for courts and the judiciary to operate in public and for their activities to be open to public scrutiny is a well-established goal of liberal democracies. One of its recent policy manifestations is in debates about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases, public scrutiny of court and judicial activity relies upon the media. Reports in regional and national newspapers have long been – and research suggests continue to be – an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. Unlike in some other common law jurisdictions, in the UK there is almost no scholarship on these representations, past or present. The result is that little is known about the representation of courts and the judiciary in Press reports. The aim of this paper is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary newspaper reports of court and judicial activity. These come from a sample of 24 daily newspapers: 10 national newspapers and 14 from the regions. All were published on Thursday 16 February 2012, an unexceptional day in the life of the justice system and the Press. The modest goal of this paper is to offer an analysis of this snapshot of the courts and the judiciary in the Press in England and Wales.
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PION-BERLIN, DAVID. "The Pinochet Case and Human Rights Progress in Chile: Was Europe a Catalyst, Cause or Inconsequential?" Journal of Latin American Studies 36, no. 3 (August 2004): 479–505. http://dx.doi.org/10.1017/s0022216x0400776x.
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This article assesses the impact, if any, of Spanish and British Court rulings on the Pinochet case on human rights progress in Chilean courts. Chilean judges chafe at the notion that foreign courts exerted any influence on them, arguing that, based solely on Chilean law and the evidence already before them, they were empowered to strip Pinochet of his immunity, and proceeded to do so. Human rights critics allege that the courts had been thoroughly immobilised by the authoritarian legacy to which they were enjoined. No progress at all would have occurred were it not for the dramatic verdicts handed down in British courts. The author contends that change was underfoot in Chile prior to Pinochet's arrest in London, but that Europe set Chile on a faster and steeper trajectory toward justice than would have been possible otherwise. It did so by shaming the Chilean Government into pressuring its own high courts to deliver a modicum of justice to the victims of Pinochet.
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Berrick, Jill Duerr, Jonathan Dickens, Tarja Pösö, and Marit Skivenes. "International Perspectives on Child-responsive Courts." International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 251–77. http://dx.doi.org/10.1163/15718182-02602011.
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Child friendly justice and access to justice for children are explicit concerns for the European Union, the Committee on the Rights of the Child, the Council of Europe and the Child Rights International Network. This study examines court systems as child-responsive by eliciting the views of judicial decision makers on child protection cases (n = 1,479) in four legal systems (England, Finland, Norway and the USA (represented by California)), based on an online survey. In this paper, we asked judicial officials who have the authority to make care order decisions how they view the child-friendliness of the courts. We presented them with six statements representing standard features of child responsive courts. Findings show that there is considerable room for improving both structure and practice of the court proceedings, for example the use of child friendly language and child-sensitive time frames. There were variations across states, and some variation across type of decision maker. Implications for the development of education and training about the opportunities for children’s engagement are considered.
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Rix, Keith J. B. "Expert evidence and the courts: 1. The history of expert evidence." Advances in Psychiatric Treatment 5, no. 1 (January 1999): 71–77. http://dx.doi.org/10.1192/apt.5.1.71.
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Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.
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Sutton, Teresa. "Contested Heritage and the Consistory Courts." Ecclesiastical Law Journal 25, no. 2 (April 28, 2023): 171–91. http://dx.doi.org/10.1017/s0956618x23000030.
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This article distinguishes contested heritage on consecrated land from the wider secular contested heritage debate. The evolving property law position on contested heritage and consecrated land is analysed in the context of recent consistory court judgments including the controversial decision concerning the memorial to Tobias Rustat at Jesus College, Cambridge. The current application of the ecclesiastical exemption, the statutory guidance on contested heritage from the Church Buildings Council and the Cathedrals Fabric Commission and the Duffield framework are considered together with strong criticisms made by the Archbishops’ Commission for Racial Justice. The article suggests that because issues of contested heritage and the legacies of enslavement have not been properly considered in a timely way by the Church of England, individual consistory court cases have become focal points for wider debates beyond their remit. The article argues that the current resolution process for disputes over contested heritage is untenable in the longer term. Statutory guidance needs to be revised and the faculty process, in particular the Duffield framework, needs to be adapted to address racial justice and mission and worship. Practical advice is offered to individual religious communities seeking to consider contested heritage in their own buildings in the meantime.
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Mikhail, Sherine, Akintunde Akinkunmi, and Norman Poythress. "Mental health courts: a workable proposition?" Psychiatric Bulletin 25, no. 1 (January 2001): 5–7. http://dx.doi.org/10.1192/pb.25.1.5.
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In the UK the notion of diverting people suffering from mental disorders from the criminal justice system to treatment within the health service is not new (Home Office, 1990), nor is the concept of a court-based psychiatric assessment and liaison service (Joseph & Potter, 1990; James & Hamilton, 1991; Joseph, 1992). Similarly, the concept of 'specialist'courts is not a novelty in the USA (Bean, 1998; Schwartz & Schwartz, 1998). We report on the first specialist mental health court in the USA and propose a modification of the current provision of psychiatric services to courts in England and Wales by combining elements of the mental health court with current court diversion practice.
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Aliverti, Ana, and Rachel Seoighe. "Lost in Translation? Examining the Role of Court Interpreters in Cases Involving Foreign National Defendants in England and Wales." New Criminal Law Review 20, no. 1 (2017): 130–56. http://dx.doi.org/10.1525/nclr.2017.20.1.130.
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Court interpreters have seldom been featured in studies on the criminal courts. Until recently, cases requiring court interpreters were rare and marginal. The peculiarity and historical rarity of these cases may explain the lack of academic consideration of the work of court interpreters in the criminal justice literature. Rapid demographic changes brought about by mass migration, however, are changing the make-up of criminal justice proceedings, rendering court interpreters key participants and inexorable aides for the everyday running of the criminal justice system. This article examines the increased reliance on interpreters and the nature of their involvement in criminal justice proceedings. It will explore the relationship between interpreters and defendants, on the one hand, and between interpreters, counsels, and judges, on the other. Drawing on empirical data stemming from a research project on foreign national defendants conducted in Birmingham’s criminal courts, we explore issues of trust and reliability underpinning the intervention of court interpreters and the implications of these interventions for the defendant’s case. The use of interpreters aims first and foremost to ensure the defendant’s right to defense. Yet, as we show, their intervention is often propelled or hindered by instrumental, procedural, or logistical reasons, intimately linked to the rapid transformation of the demography of defendants and the privatization of services related to the criminal justice system.
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Darby, Nell. "Informal justice in England and Wales 1760–1914: The courts of popular opinion." Archives and Records 36, no. 1 (January 2, 2015): 92–93. http://dx.doi.org/10.1080/23257962.2015.1008440.
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Ward, Ian. "Informal Justice in England and Wales 1760–1914: The Courts of Popular Opinion." Journal of Legal History 36, no. 1 (January 2, 2015): 116–19. http://dx.doi.org/10.1080/01440365.2015.1007970.
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Seal, Lizzie, and Alexa Neale. "Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Wales." Law and History Review 38, no. 4 (November 2020): 883–910. http://dx.doi.org/10.1017/s0738248020000371.
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Fifty-seven men of color were sentenced to death by the courts of England and Wales in the twentieth century and were less likely to receive mercy than white contemporaries. Though shocking, the data is perhaps unsurprising considering institutional racism and unequal access to justice widely highlighted by criminologists since the 1970s. We find discourses of racial difference were frequently mobilized tactically in nineteenth- and twentieth-century England and Wales: to support arguments for mercy and attempt to save prisoners from the gallows. Scholars have identified historically and culturally contingent narratives traditionally deployed to speak to notions of lesser culpability. These mercy narratives reveal contemporary ideals and attitudes to gender or class. This article is original in identifying strategic mercy narratives told in twentieth-century England and Wales that called on contemporary tropes about defendants' race. The narratives and cases we explore suggest contemporary racism in the criminal justice system of England and Wales has a longer history than previously acknowledged.
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Marston, Geoffrey. "The Personality of the Foreign State in English Law." Cambridge Law Journal 56, no. 2 (July 1997): 374–417. http://dx.doi.org/10.1017/s000819730008137x.
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The Daily Cause Lists at the Royal Courts of Justice disclose that from time to time foreign sovereign States appear as parties to civil litigation in the courts of England and Wales, mostly as plaintiffs but also, in cases often better known because of the issues of immunity to which they give rise, as defendants. In his judgment in the House of Lords in Arab Monetary Fund v. Hashim (No. 3), Lord Templeman, eferring to the case concerning the financial collapse of the International Tin Council decided the previous year by the same tribunal,1 observed:2 “The Tin Council case reaffirmed that the English courts can only identify and allow actions by individuals, sovereign states and corporate bodies.”
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Robertson, Laura, and John Peter Wainwright. "Black Boys’ and Young Men’s Experiences with Criminal Justice and Desistance in England and Wales: A Literature Review." Genealogy 4, no. 2 (April 15, 2020): 50. http://dx.doi.org/10.3390/genealogy4020050.
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Black boys and young men are over-represented in the youth and adult justice systems in England and Wales. Despite the Lammy Review (2017) into the treatment of and outcomes for Black, Asian, and minority ethnic individuals (BAME) in the criminal justice system, the disproportionate numbers of Black boys and young men at all stages of the system continue to rise. There has been limited qualitative research of Black boys’ and young men’s experiences with the justice system in England and Wales. In particular, there is a lack of evidence on their experiences with sentencing and courts. What is known tends to focus on Black, Asian, and minority ethnic and/or Muslim men’s experiences more generally. A lack of critical understanding of the specific experiences of desistance by young Black men has been criticised in the literature. Set in this context, this review of UK literature focuses on the following questions: (1) What are Black boys’ and young Black men’s experiences with the youth and criminal justice systems in England and Wales? (2) What does research tell us specifically about their experiences with desistance?
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Hurst, Peter. "The English System of Costs: Life after the Jackson Reforms (April 2013)." European Business Law Review 25, Issue 4 (August 1, 2014): 565–85. http://dx.doi.org/10.54648/eulr2014026.
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Following Sir Rupert Jackson's report on the costs regime (Reforming Civil Litigation Funding and Costs in England and Wales-Implementation of Lord Justice Jackson's Recommendations: The Government Response (Cm 8041, 2011)), many procedural changes, notably affecting costs, were introduced on 1 April 2013. These include: introduction of qualified one way costs shifting, damages based agreements, increased damages and the changes to CPR Part 36 (costs implications of rejected settlement offers). The problems and uncertainties generated by this new set of costs rules will probably occupy the courts, notably the higher courts, for at least ten years.
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Urbaniak, Krzysztof. "Rada Sędziowska oraz Komisja Nominacyjna dla Anglii i Walii." Przegląd Prawa i Administracji 119 (January 20, 2020): 181–94. http://dx.doi.org/10.19195/0137-1134.119.18.
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JUDGES’ COUNCIL AND JUDICIAL APPOINTMENT COMMISSIONThe judiciary in the United Kingdom is a phenomenon in Europe. Despite the fact that the role of judges in the common law system was significantly greater than in continental law systems, the British system lacked formal, institutional safeguards of the independence of the courts and the independence of judges. This principle was seen as a constitutional convention. The Judges’ Council, being the representation of judges, had only the status of an internal judicial body and an advisory role to the Lord Chief Justice. The reforms of the justice system introduced at the beginning of the 20th century, including the establishment of the Judicial Appointments Commission, undoubtedly influenced the strengthening of the independence of the courts against the executive and increased the influence of the judicial community on the appointment system of judicial offices in England and Wales.
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WATSON, KATHERINE D. "Women, violent crime and criminal justice in Georgian Wales." Continuity and Change 28, no. 2 (August 2013): 245–72. http://dx.doi.org/10.1017/s0268416013000246.
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This article examines encounters of women with the criminal justice system in Wales during the century before the Courts of Great Sessions were abolished in 1830. Drawing on evidence from cases of sexual assault and homicide, it argues that women who killed were rarely convicted or punished harshly. A gendered discretion of sorts also acted against rape victims, as trials never resulted in conviction. Using violence as a lens, the paper reveals a distinctively Welsh approach to criminal justice, and offers quantitative evidence on which further comparative studies of the history of law and crime in England and Wales may be based.
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Robertson, Andrew. "Policy-based reasoning in duty of care cases." Legal Studies 33, no. 1 (March 2013): 119–40. http://dx.doi.org/10.1111/j.1748-121x.2012.00242.x.
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This paper seeks to develop a deeper understanding of the role of policy-based reasoning in the determination of duty of care questions. In order to do this, the first part explores the distinction between considerations of interpersonal justice and considerations of community welfare in the determination of duty questions. While imperfect, the distinction illuminates the nature of the factors taken into account by courts in determining duty of care questions and has practical as well as theoretical implications. The second part of the paper analyses the respective roles of interpersonal justice considerations and community welfare considerations in a sample of first instance and intermediate appellate cases from England and Canada. That study suggests that community welfare considerations play a far less significant role in determining duty cases at the first instance and intermediate appellate level than at the ultimate appellate level. Analysis of the cases also reveals significant differences between the English and Canadian courts in their approaches to the interpersonal justice and community welfare aspects of duty of care questions.
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Whitehead, Philip. "Breaking the cycle or re-cycling errors: Critical comment on proposals for criminal justice reform." Critical Social Policy 31, no. 4 (July 7, 2011): 628–39. http://dx.doi.org/10.1177/0261018311415573.
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The Ministry of Justice Green Paper on Breaking the Cycle contains proposals for the re-formation of the criminal justice system in England and Wales during the period 2010 to 2015. Even though the document includes a brief profile of the offender population, it does not engage critically by locating the profile within a neoliberal political, social, and economic explanatory context. It used to be the responsibility of the probation service to provide relevant information to the courts to explore and explain offending episodes. However, recent modernizing transformations have damaged this historic function and it is a considerable omission the Green Paper neither discusses nor rectifies. This has significant implications for both criminal and social justice.
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BIRKETT, GEMMA. "Solving Her Problems? Beyond the Seductive Appeal of Specialist Problem-Solving Courts for Women Offenders in England and Wales." Journal of Social Policy 50, no. 1 (December 18, 2019): 104–21. http://dx.doi.org/10.1017/s0047279419000989.
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AbstractAt the nexus of the social and penal policy fields, problem-solving justice promises to punish offenders while working to address the complex issues that drive their law-breaking behaviour. Appealing to the left and right due to its dual focus on pragmatism and welfarism, the concept has floated in and out of political fashion for the past two decades. Recent years have heralded a renewed political interest in the approach, closely aligned to the Conservative government’s commitment to ‘transforming justice’. With a focus on empowerment and collaboration, the problem-solving model has much to offer women offenders in particular. Drawing on data from a large-scale study into the sentencing and punishment of women under the new probation arrangements, this article reveals a divergence of views on gender-specific courts among sentencers, probation officers and third sector workers. Moral concerns about up-tariffing sit alongside the practical barriers of government bureaucracy and hindering legislation. With data pertaining to effectiveness (rather than potential) still required, this article argues that specialist problem-solving courts for women present a risky strategy, however seductive their promise.
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Milsom, John. "Songs and society in early Tudor London." Early Music History 16 (October 1997): 235–93. http://dx.doi.org/10.1017/s026112790000173x.
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Looking back over the past half century of research into the music of early Tudor England, it is clear that interest has been focussed principally upon sites of wealth, privilege and power. Dominating the arena are courts and household chapels, cathedrals and colleges, and the men and women who headed them. Perhaps that focus has been inevitable, since by their very nature wealthy and powerful institutions have the means to leave behind them rich deposits of evidence: not only high-art music, itself often notated in fine books, but also detailed records of expenditure, of the contractual duties carried out by or expected of musicians, and of valuable assets such as books and musical instruments. Moreover, where magnificence is on show there will often be eyewitness accounts to report on what has been seen and heard. All of those forms of evidence survive in quantity from early Tudor England, and it is hard not to be drawn to them.
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Andrews, Neil. "Affordable and Accurate Civil Justice Challenges Facing the English and Other Modern Systems." European Business Law Review 25, Issue 4 (August 1, 2014): 545–63. http://dx.doi.org/10.54648/eulr2014025.
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Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to control costs and stream-line proceedings. However, it is here argued that the challenges of promoting affordability and accessibility must not be permitted to undermine accuracy and that public adjudication in the courts of civil claims, including clarification of points of law, remain important for the vitality and health of the legal system. Inaccurate judicial decision-making would be unacceptably rough justice. It will be shunned. Furthermore, although mediation and arbitration have their place, both have their dangers, if they cause public adjudication to become too scarce or unreliable. For neither mediation nor arbitration involves public judgment of disputed matters of fact and law.
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Hallett, Nicholas, Nadine Smit, and Keith Rix. "Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales." BJPsych Advances 25, no. 4 (April 8, 2019): 251–64. http://dx.doi.org/10.1192/bja.2019.11.
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SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.
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Winder, Christopher. "The cost of commercial litigation in England–A European perspective, and a look to the future." European Review of Private Law 4, Issue 4 (December 1, 1996): 339–50. http://dx.doi.org/10.54648/146741.
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Access to justice can be severely impeded by the costs of litigation. English civil litigation has developed four particular procedures which stand out as differing radically in principle and in cost from continental systems: pre-trial disclosure of documents ('discovery'), the use of oral evidence, the use of expert evidence and a plaintiff's potential liability for a successful opponent's costs. In 1994 Lord Woolf was appointed to review the rules and procedures of the civil courts in England and Wales with a view to improving access to justice and reducing the costs of litigation. His report contains proposals which, if implemented, will lead to greater court control of proceedings and thus of their related costs.
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Failinger, Marie. "Parallel Justice: Creating Causes of Action for Mandatory Mediation." University of Michigan Journal of Law Reform, no. 47.2 (2014): 359. http://dx.doi.org/10.36646/mjlr.47.2.parallel.
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The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy cases to test the validity of these concerns.