Judicial Independence in UK Law

Leading Cases
  • Ugirashebuja & Others v Government of the Republic of Rwanda & Others
    • Queen's Bench Division (Administrative Court)
    • 08 April 2009

    Balancing the whole matter (and we should not forget that the appellants, too, would have a considerable profile as defendants in a genocide trial: three were bourgmestres, the fourth said to have been a close associate of President Habyarimana), we regard the Bizimungu case as being significant evidence of executive interference in the judicial process in the High Court, and thus of a want of impartiality and independence.

    We stated earlier (paragraph 68) that the question whether a court is independent and impartial cannot be answered without considering the qualities of the political frame in which it is located.

  • Katherine Jane Lumsdon and Others v Legal Services Board General Council of the Bar (acting by the Bar Standards Board) and Others (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 20 January 2014

    Judges, and indeed all other consultees, who give references to the Judicial Appointments Commission are protected by the statutory duty of confidentiality laid down in section 139 of the Constitutional Reform Act 2005. In respect of all other references, and complaints by judges to regulators, the risk has always been there. We have not been aware of any case in which such a claim has been made.

  • Kennedy v Cordia (Services) LLP
    • Supreme Court (Scotland)
    • 01 February 2017

    Impartiality and other duties: If a party proffers an expert report which on its face does not comply with the recognised duties of a skilled witness to be independent and impartial, the court may exclude the evidence as inadmissible: Toth v Jarman [2006] EWCA Civ 1028; [2006] 4 All ER 1276, paras 100–102.

  • Bolkiah and Others v The State of Brunei Darussalam
    • Privy Council
    • 08 November 2007

    The Chief Justice must be seen as a man for whom all ambition was spent, save that of retiring with the highest judicial reputation.

  • Julian Assange v Swedish Prosecution Authority
    • Supreme Court
    • 31 May 2012

    I am inclined to think that the essential characteristics of an issuing judicial authority are that it should be functionally (but not necessarily institutionally) independent of the executive. As we have seen, the fundamental objective of the Framework Decision was to replace a political process with a nonpolitical process. This could only be achieved if the new "judicialised" system was operated by persons who de facto operated independently of the executive.

  • Millar v Dickson; Payne and Others v Heywood
    • Privy Council
    • 24 July 2001

    The administration of justice must be preserved from any suspicion that a judge lacks independence or that he is not impartial. If there are grounds which would be sufficient to create in the mind of a reasonable man a doubt about the judge's impartiality, the inevitable result is that the judge is disqualified from taking any further part in the case. No further investigation is necessary, and any decisions he may have made cannot stand.

See all results
Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... , applying the principles applied by a court on an application for judicial review, the Minister did not have reasonable grounds for issuing a ... 1, Sch. 5 para. 1(1) ... Judicial appointments, judicial independence and judicial proceedings ... (14) (1) The listed GDPR provisions do not ... ...
  • Judiciary and Courts (Scotland) Act 2008
    • Scotland
    • January 01, 2008
    ... ... Part 1: Judicial independence ... 1: Guarantee of continued judicial independence ... (1) ... ...
  • The Russia (Sanctions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... or threatening the territorial integrity, sovereignty and independence of Ukraine) ,(b) Council Regulation (EU) No 692/2014 of 23 June 2014 ... from prohibitions) ,(b) paragraph 6 of Schedule 5 (pre-existing judicial decisions) , and(c) paragraph 8 of Schedule 5 (prior obligations) ... ...
  • The Transfer of Tribunal Functions Order 2008
    • UK Non-devolved
    • January 01, 2008
    ... ... (2) In Part 1 (judicial offices) omit the first entry beginning “Chief or other Child Support ... Omit section 3(7B)(f) (guarantee of continued judicial independence). SCH-3.218 ... 218. In the table in section 94B(3) (appointments not ... ...
See all results
Books & Journal Articles
  • Measuring judicial independence in international law
    • No. 24-4, August 2017
    • Maastricht Journal of European and Comparative Law
    This article searches for paths, frameworks and modules for the measurement and evaluation of judicial independence in international law. First, it discusses the measurability of the concept. Judic...
  • An examination of judicial independence in China
    • No. 23-4, October 2016
    • Journal of Financial Crime
    • 819-832
    Purpose: The purpose of this paper is to consider and evaluate judicial independence in China, through reviewing the value in its presence, assessing its current state in China and evaluating what ...
  • Judicial independence: The master narrative in sentencing practice
    • No. 21-2, April 2021
    • Criminology & Criminal Justice
    This article draws on biographical narrative accounts of retired Scottish judges to provide insight about the operation of judicial independence in the routine practice of criminal justice. This ob...
  • From judicial independence to interdependence in the international sphere
    • No. 24-4, August 2017
    • Maastricht Journal of European and Comparative Law
    The goal of this article is to develop an analytical framework for the conceptualization of international judicial independence. First, it will be argued that judicial independence is not to be con...
See all results
Law Firm Commentaries
See all results
Forms
  • T611)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Employment Tribunals (Scotland) ... Judicial Mediation ... When a person makes an Employment Tribunal claim normally ... process and ACAS maintains its independence ... In the judicial mediation process the mediator is an Employment Judge ... ...
  • England and Wales (T612)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Judicial Mediation ... Employment Tribunals (England and Wales) ... Judicial ... compromised by the process and ACAS maintains its independence ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT