Amicus Curiae in UK Law
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Rondel v Worsley
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I pass, therefore, to consider whether so far as concerns what is said or done in the conduct or management of a case in Court the public interest requires that an advocate should have immunity. In this, as in other aspects of the present case, I find myself in general accord with the judgment of Salmon, L.J.
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Locobail (U.K.) Ltd v Bayfield Properties Ltd
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By contrast, a real danger of bias might well be thought to arise if there were personal friendship or animosity between the judge and any member of the public involved in the case; or if the judge were closely acquainted with any member of the public involved in the case, particularly if the credibility of that individual could be significant in the decision of the case; or if, in a case where the credibility of any individual were an issue to be decided by the judge, he had in a previous case rejected the evidence of that person in such outspoken terms as to throw doubt on his ability to approach such person's evidence with an open mind on any later occasion; or if on any question at issue in the proceedings before him the judge had expressed views, particularly in the course of the hearing, in such extreme and unbalanced terms as to throw doubt on his ability to try the issue with an objective judicial mind (see Vakauta v. Kelly (1989) 167 CLR 568); or if, for any other reason, there were real ground for doubting the ability of the judge to ignore extraneous considerations, prejudices and predilections and bring an objective judgment to bear on the issues before him.
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R v H and Another
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It is very well-established that when exercising a range of functions the Attorney General acts not as a minister of the Crown (although he is of course such) and not as the public officer with overall responsibility for the conduct of prosecutions, but as an independent, unpartisan guardian of the public interest in the administration of justice: see Halsbury's Laws of England, 4th ed (1995), vol 44(1), para 1344; Edwards, The Law Officers of the Crown, 1964, pp ix, 286, 301-302.)
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Re B (Adoption: Jurisdiction to Set Aside)
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In my judgment Mr Holman, QC, who appeared as amicus curiae, is right when he submits that it would gravely damage the lifelong commitment of adopters to their adoptive children if there is a possibility of the child, or indeed the parents, subsequently challenging the validity of the Order.
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Attorney General v Blake
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There is, however, no possibility that this case will reach a higher Court. The Crown is unlikely to seek to appeal this case in view of our decision on the public law claim. The defendant has taken no part in the proceedings; and an amicus curiae has no standing to appeal.
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Airedale NHS Trust v Bland
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On the latter aspect I would adopt the very blunt words of Scalia J. in Cruzan v. Director, Missouri Department of Health (1990) 110 S.Ct. 2841, 2859, where a very similar problem arose in a different constitutional and legal framework. These are problems properly decided by the citizens, through their elected representatives, not by the courts.
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Airedale NHS Trust v Bland
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At no time before the disaster did Mr Bland give any indication of his wishes should he find himself in such a condition. It was accordingly with the concurrence of Mr Bland's family, as well as the consultant in charge of his case and the support of two independent doctors, that the Airedale NHS Trust as plaintiff in this action applied to the Family Division of the High Court for declarations that they might
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The Turks and Caicos Islands Constitution Order 2011
... ... , but this shall not prevent a member of the Commission appearing as amicus curiae when requested to do so by the court; ... (b) (b) act in a ... ...
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Commissioner for Older People Act (Northern Ireland) 2011
... ... act as amicus curiae in any such proceedings ... ...
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Double Jeopardy (Scotland) Act 2011
... ... The court may appoint counsel to act as amicus curiae at the hearing in question ... ...
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Scotland Act 1998
... ... )(b), the High Court shall appoint counsel to act at the hearing as amicus curiae ... ...
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A Green Public Sphere in the WTO?: The Amicus Curiae Interventions in the Transatlantic Biotech Dispute
The WTO's decision-making model of executive multilateralism has been widely criticized for its lack of accountability to civil society. However, through the mechanism of the amicus curiae brief, ...
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An Empirical Look at the Amicus Curiae Practice of Human Rights NGOs before the European Court of Human Rights
This article explores the practice of third-party interventions by human rights nongovernmental organisations (NGOs) before the European Court of Human Rights (ECtHR). Although permitted for over t...
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Briefing Provided To Colombian Judiciary On Land Rights Decree
... ... Leigh Day and the Law Society submitted a joint amicus curiae brief to the Consejo de ... Estado to help with their consideration ... ...
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G1/19 On Patents And Simulations ' How May Industry Feel About The Enlarged Board's Decision?
... ... To do this we have ... taken a look at the comments in the amicus curiae briefs submitted ... by all sorts of players who have an interest ... ...
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Can You Patent A Simulation At The EPO?
... ... considerations highlighted in amicus curiae briefs submitted to the EBA ... The referral to the EBA (G1/19 ... ...
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Here’s Hoping 2.0
Last July we published a “Here’s Hoping” post that maybe the terrible decision in Atchley v. AstraZeneca UK Ltd., 22 F.4th 204 (D.C. Cir. 2022), allowing drug companies to be sued for purportedly “...... ... , the Solicitor General agreed with us about Atchley, filing an amicus curiae (friend of the court) brief supporting the defendants request to ... ...