Sunday, 23 August 2015

NEW MANCHESTER MERCANTILE JUDGE

Presumably to replace the much vaunted Judge Waksman who has gone South to act as the London Mercantile Judge (replacing Judge Mackie) and hearing those London commercial cases which fall short in value and importance of the Commercial Court's purview, comes a former Partner of Linklaters no less (yes, a female solicitor -  that'll be noticed by the locals around King/St John's Streets) - already she has been exercising her skills as a Dep High Ct Judge (and will no doubt remain a section 9 Judge in Manchester) and as a Recorder ( http://www.christianconcern.com/our-concerns/judge-rules-against-christian-bb-owner ).  She is ex Cheltenham Ladies, and Clare College Cambridge, was an articled clerk at Linklaters in 1982, and became a partner in 1991, and then after a stint in house at Vodafone, again returned to the Linklaters' partnership in 2002.  She is a capital market expert and now has to get to grips with the mercantile case load of the North West:

The Queen has appointed Jane Clare Moulder to be a Specialist Mercantile Circuit Judge on the advice of the Lord Chancellor, the Right Honourable Michael Gove MP and the Lord Chief Justice of England and Wales, the Right Honourable The Lord Thomas of Cwmgiedd.
The Lord Chief Justice has deployed her to the Northern Circuit, based at Manchester Civil Justice Centre with effect from 18 September 2015.
Notes to editors
Jane Clare Moulder, aged 55, will be known as Her Honour Judge Moulder. She was admitted as a solicitor in 1984. She was appointed as a Recorder in 2010.

Monday, 3 August 2015

JUDICIAL APPOINTMENTS AND RETIREMENTS AT THE END OF ANOTHER JUDICIAL YEAR


NEW SENIOR PRESIDENT OF TRIBUNALS:



To preside over the Presidents of the Chambers of the UT and FTT, Ryder LJ to replace Sullivan LJ who is retiring.  He's a TD, DL of Greater Manchester, Chancellor of Bolton University and formerly of the Fam D.










NEWLY NAMED TO THE C OF A:

The following will be swapping red for gold (tabs) in the near future:

Mr Justice Hamblen

Mr Justice Hamblen was called to the Bar, Lincoln’s Inn, 1981 and practised at the Commercial Bar from 1982 to 2008. He was appointed Queen’s Counsel in 1997. He was appointed Assistant Recorder in 1999–2000; Recorder, 2000–08. A Judge of the High Court, Queen’s Bench Division, since 2008 and designated as a Judge of the Commercial Court.

Mr Justice Lindblom

Mr Justice Lindblom was called to the Bar of England and Wales at Gray’s Inn in 1980. He was called to the Bar of Northern Ireland in 2002. He was admitted to the Hong Kong Bar in 2000 and 2008, and to the Bar of the Turks and Caicos Islands in 2006. He became a Bencher of Gray’s Inn in 2003. He practised as a barrister from 1981 to 2010, was appointed Queen’s Counsel in 1996, became a Recorder in 2001 and was authorised to sit as a Deputy High Court Judge in 2009. He has been a Judge of the High Court of Justice, Queen’s Bench Division, since October 2010, President of the Upper Tribunal (Lands Chamber) since 2013, and Planning Liaison Judge (the lead judge of the Planning Court) since 2014.  Will be interesting to see who will take over the Lands Chamber and the Planning Court?

Mr Justice (David) Richards
(with the High Sherriff of Shropshire, wife of Charles Flint QC)

Mr Justice (David) Richards was called to the Bar, Inner Temple, 1974. Bencher, Lincoln’s Inn, in 2000. Junior Counsel (Chancery), DTI, 1989–92. He became Queen’s Counsel 1992. Contrib 2000–, Joint General Editor 2009–, Buckley on the Companies Acts. A Judge of the High Court, Chancery Division, since 2003. Vice Chancellor, County Palatine of Lancaster, 2008–11.

Mr Justice Simon

Mr Justice Simon was called to the Bar, Middle Temple, 1973. Bencher in 1999. He became Queen’s Counsel in 1991. A Recorder in 1998–2002. A Deputy High Court Judge in 1999–2002. A Judge of the High Court, Queen’s Bench Division, since 2002; Presiding Judge, North Eastern Circuit, 2006–08.  
He is son of Lord SImon of Glaisdale, who I don't think sat in the C of A, because he was President of the Old Probate, Divorce and Admiralty Division, after being an MP and Solicitor General.  He entered the H of L as a Life Peer, but was entitled to sit in the Appellate Committee.
And they have started replacing them already:

The Queen has been pleased to approve the appointment of Henry James Carr Esq QC, to be a Justice of the High Court with effect from 1 October 2015.
The Lord Chief Justice will assign Mr Carr to the Chancery Division.
Mr Carr, 57, was called to the Bar (G) in 1982, and took Silk in 1998. He was appointed as a Deputy Chairman of the Copyright Tribunal in 2007, and is approved to sit as a deputy High Court Judge.  He is a specialist IP practitioner from 11 South Square.

& most regretfully, Swift J has retired early, I would have look forward to seeing her rise to the highest judicial offices:
Dame Caroline Swift DBE (60) was called to the Bar (I) in 1977, elected as a Bencher in 1997 and took silk in 1993. She was appointed an Assistant Recorder in 1992, a Recorder in 1995, a deputy High Court Judge (Queen’s Bench and Chancery Divisions) in 2000 and was Leading Counsel to the Shipman Inquiry from 2001 to 2005. She was appointed a Judge of the High Court, Queen’s Bench Division in 2005 and was a Member of the Judicial College Senior Judiciary Planning Group from 2010 to 2014.

Sunday, 26 July 2015

FEES- THE ONLY WAY IS UP

Gove and the Govt are thinking about putting Court and Tribunal fees up again.  Indeed they are thinking of introducing fees where currently there are none:









For example:

  • The general fee cap of £10,000, rising to £20,000 (but not for PI)
  • A general 10% uplift on civil fees all round.
  • Civil possession claim from £280 to £355.  As most of those are brought by local authorities and social housing providers, the flow of cash would be a little circular.
  • General Part 23 Applications - from £50 to £100 if without notice and from £155 to £255 otherwise.
  • Divorce is going up from £410 to £750; why not profit from those going through one of the worst periods of their life.
  • Want to appeal to the C of A, was £235, went up to £480, in future - £528??
  • Want a hearing in the Immigration Chamber of the FTT?  £280 up from £140.
  • Want to challenge your landlord in the Leasehold bit of the FTT?  £2,000 for hearing, currently nil!
  • Want to challenge an FOI refusal from HMG in the FTT - currently free, in future £500!
  • Don't like a HMRC decision, want to appeal to the Tax Chamber of the FTT -  all currently free - fees to be introduced, up to £1000?
Thinking that all of that is a bit of a step too far....

Respond to the consultation here - https://consult.justice.gov.uk/digital-communications/further-fees-proposal-consultation/supporting_documents/enhancedfeesresponseconsultationonfurtherfees.pdf 

Friday, 17 July 2015

Gove consulting on closing Bow, Lambeth, Hammersmith and Woolwich "County Courts"

A judge once told me that Bow County Court (as it was then, now - The County Court sitting at Bow (which makes no sense because it doesn't - its sits just outside Stratford...)) was the busiest civil court in Europe.  Which did not surprise me as when I used to go there regularly it was standing room only.  Probably being located in a very deprived area and having both a civil and family jurisdiction (which may well now have been hived off to the new Family Court sitting in Canary Wharf) is what did the trick.  If it were both a possession day and a family day, then it was also a total chaos, waiting around til 6pm to be seen by a stressed judge, day. MoJ want to close it and move everything to Clerkenwell and Shoreditch at Gee St (itself an amalgamation of some historic county courts.....)   Good luck C & S (and B?)....they'll be standing in the aisles and hanging from the roof on possession day..............

Lambeth is usually also about as busy as it gets and it covers a massive part of South London not
otherwise covered by Bromley, Wandsworth which is where its work is going...... and errr Woolwich, which is also being consulted upon for closure and transfer of its work to Bromley.  

Hammersmith is also up for closure with its work also going to Wandsworth to make way for Feltham Mags which is to be squeezed into Hammersmith Mags which is where Hammersmith Cty Ct is currently co-located (after its West Kensignton West London CC much loved foreunner was abolished.)  




Woolwich's work is to be packed off to Bromley (which is err, not local to Woolwich.....especially given its catchment runs into Dartford's)

Good bye to more of my favourite once daily forensic hunting grounds and perhaps more importantly, good bye to local judges dispensing local justice to the locals who did not have far to go.....

Check out the paper - it proposes the following closures, your favourites/essential local justice provider may on the list and you might want to object/protest:


London Bow County Court Feltham Magistrates’ Court Greenwich Magistrates’ Court Hammersmith County Court (formerly West London County Court) Lambeth County Court Pocock Street Tribunal Hearing Centre Richmond-upon-Thames Magistrates’ Court Tottenham Magistrates’ Court Waltham Forest Magistrates’ Court Woolwich County Court Midlands Birmingham Youth Court Burton-upon-Trent Magistrates’ Court Buxton Magistrates’ and County Court Corby Magistrates’ Court Grantham Magistrates’ Court 15 Hinckley Magistrates’ Court Kettering County Court Kettering Magistrates’ Court Sandwell Magistrates’ Court Shrewsbury Magistrates’ Court Skegness Magistrates’ Court Solihull Magistrates’ Court Stafford Magistrates’ Court Worksop Magistrates’ Court North East Consett Magistrates’ Court Halifax County Court and Family Court Halifax (Calderdale) Magistrates’ and Family Court Hartlepool Magistrates’ Court and County Court Morpeth County Court Rotherham Magistrates’ Court, County Court and Family Court Scunthorpe Magistrates’ Court, County Court and Family Court Wakefield Magistrates’ Court North West Accrington County Court Accrington Magistrates’ Court Bolton County Court and Family Court Bury Magistrates’ Court and County Court Kendal Magistrates’ Court and County Court Macclesfield County Court Macclesfield Magistrates’ Court Oldham County Court Proposal on the provision of court and tribunal estate in England and Wales Oldham Magistrates’ Court Ormskirk Magistrates’ Court and Family Court Runcorn (Halton) Magistrates’ Court St Helens Magistrates’ Court and County Court Stockport Magistrates’ Court and County Court Tameside County Court Trafford Magistrates’ Court and Altrincham County Court Warrington County Court West Cumbria Magistrates’ Court and County Court South East Aylesbury Magistrates’ Court, County Court and Family Court Basildon Social Security and Child Support Tribunal (Acorn House) Bedford and Mid Beds Magistrates’ Court and Family Court and Bedford County Court and Family Court Bicester Magistrates’ Court and Family Court Bury St. Edmunds Magistrates’ Court and Family Court and Bury St. Edmunds Crown Court Chichester Combined Court (Crown and County) Chichester Magistrates’ Court Colchester County Court and Family Court Colchester County Court Offices Dartford Magistrates’ Court Dover Magistrates’ Court Eastbourne Magistrates’ Court, County Court and Family Court Harlow Magistrates’ Court Kings Lynn County Court and Family Court Lowestoft Magistrates’ Court, County Court and Family Court Redhill Magistrates’ Court and Family Court and Reigate County Court and Family Court 17 St Albans County Court Tunbridge Wells County Court and Family Court Watford Magistrates’ Court and Family Court West Berkshire (Newbury) Magistrates’ Court South West Barnstaple Crown Court Bath Magistrates’ Court, County Court and Family Court or North Avon (Yate) Magistrates’ Court Bournemouth Magistrates’ Court Cheltenham Rivershill House Tribunal Chippenham Magistrates’ Court, Civil Court and Family Court Dorchester Crown Court Fareham Magistrates’ Court Gloucester Magistrates’ Court North Avon (Yate) Magistrates’ Court or Bath Magistrates’ Court, County Court and Family Court Stroud Magistrates’ Court Torquay Magistrates’ Court Wales Brecon Law Courts Bridgend Law Courts Carmarthen Civil, Family, Tribunal and Probate Hearing Centre Carmarthen Law Courts (The Guildhall) Dolgellau Crown and Magistrates’ Court Holyhead Magistrates’ Court Llangefni Civil and Family Court Neath and Port Talbot Civil and Family Court Pontypridd Magistrates’ Court Proposal on the provision of court and tribunal estate in England and Wales Prestatyn Magistrates’ Court Wrexham Tribunal (Rhyd Broughton)  

Wednesday, 3 June 2015

Who are these characters? Unelected Ministers....

There has never been a need to be elected to be a Minister nor indeed to be a member or either House of Parliament at the time of your appointment.  I could be made a Minister right now and exercise the Crown's powers without ever being made a member of either House of Parliament.  Although without a means of holding me to account people might get a little angsty and demand I attend Parliament to answer questions.  There has always been the option of co-opting non Parliamentarian experts into Government by the means of a Life Peerage, but I have to say I have rarely seen so many made up at once (see below).  The SNP is a bit upset about Lord Dunlop because the Tory's single MP in Scotland means that they have had to make up a Lord to find someone else to deputise for the S of S of Scotland (that one single Tory MP).......Maude is understandable, and Bridges is just promotion for an in house policy wonk.  O'Neill, Altmann and Prior are sector SMEs brought in to help in tricky areas - but do they have any legitimacy in Govt?


Lord Dunlop is a former adviser to the Prime Minister on devolved constitutional issues. He was formerly the head of policy and research for the Scottish Conservative Party, special adviser to the Defence Secretary and a member of the Downing Street Policy Unit. He was appointed Parliamentary Under Secretary of State at the Scotland Office on 14 May 2015.
Lord Maude of Horsham served as MP for Horsham, West Sussex (1997-2015). He held several government posts, including Financial Secretary to the Treasury (1990-1992), and Minister of State at the Foreign and Commonwealth Office (1989-1990). He is also a former chair of the Conservative Party (2005-2007). He was appointed Minister of State for Trade and Investment on 11 May 2015.
Baroness Altmann was the coalition government’s Business Champion for Older Workers and is a former non-executive policy adviser to the Policy Unit at 10 Downing Street. She was appointed Minister of State for Pensions on 11 May 2015.
Lord O'Neill of Gatley is a former chief economist at Goldman Sachs. He was appointed Commercial Secretary to the Treasury on 14 May 2015.  
Lord Bridges of Headley is a former chair of the Conservative Research Department, and was the Conservative Party's campaign director (2006-2007). He was appointed Parliamentary Secretary for the Cabinet Office on 14 May 2015.
Lord Prior of Brampton is a former chair of the Care Quality Commission (2013-2015). He served as MP for North Norfolk (1997-2001) and is a former deputy chair and CEO of the Conservative Party. He was appointed Minister for NHS Productivity in May 2015.

Sunday, 31 May 2015

New High Court Judicial Appointments

I wondered in a post below who was going to replace Eder J, and now we know: a public law and employment specialist from 11 KBW:

The Queen has been pleased to approve the appointment of Timothy Julian Kerr Esq QC, to be a Justice of the High Court with effect from 4 June 2015 on the retirement of Mr Justice Eder.

The Lord Chief Justice will assign Mr Kerr to the Queen’s Bench Division.

Mr Kerr, 57, was called to the Bar by Gray’s Inn in 1983 and took Silk in 2001. He was appointed a Recorder in 2008 and is approved to sit as a deputy High Court Judge. He served as a Fee-paid Chairman of the Employment Tribunals (England and Wales) from 2001 to 2006.

Mr Justice Eder was called to the Bar by the Inner Temple in 1975 and took Silk in 1990. He was appointed a Recorder in 1996 and a Judge of the Queen’s Bench Division of the High Court in 2011.

& to replace one of my favourites on the High Court Bench (and Birmingham DCJ before then) ....a commercial/shipping silk from 7KBW:

The Queen has been pleased to approve the appointment of Simon Derek Picken Esq QC, to be a Justice of the High Court with effect from 8 June 2015 on the retirement of Mr Justice MacDuff.

The Lord Chief Justice will assign Mr Picken to the Queen’s Bench Division.

Mr Picken, 49, was called to the Bar by the Middle Temple in 1989 and took Silk in 2006. He was appointed a Recorder in 2005 and is approved to sit as a deputy High Court Judge.

Mr Justice MacDuff was called to the Bar by Lincoln’s Inn in 1969 and took Silk in 1993. He was appointed a Recorder in 1983, a Circuit Judge in 1997, a Senior Circuit Judge in 2002 and a Judge of the Queen’s Bench Division of the High Court in 2008.
& in other news: YIKES!


Thursday, 28 May 2015

EU Referendum Madness begins.....

& so it begins: The question will be

“A ddylai’r Deyrnas Unedig ddal i fod yn aelod o’r Undeb Ewropeaidd?”

Or 

10“Should 
Should the United Kingdom remain a member of the European Union?

The franchise will be Parliamentary and Gibraltar is going to join in the fun....

No provision for separate majority consent in each part of the UK ...so let's hope they all vote the same way.......

What joy!

The Bill is available on the UK Parliament website.....