Justice Shortchanged? Redrawing the Ethical Boundaries of Lifted Judgments Following Crinion v IG Markets Ltd [2013] EWCA Civ 587
| Pages | 134-146 |
| Date | 01 October 2022 |
| Published date | 01 October 2022 |
| Author | Shen-Way Chong |
134
Cambridge Law Review (2022) Vol VII, Issue 2
Cambridge Law Review (2022) Vol VII, Issue 2, 134–146
Justice Shortchanged? Redrawing the Ethical
Boundaries of Lifted Judgments Following
Crinion v IG Markets Ltd [2013] EWCA Civ
587
SHEN-WAY CHONG
ABSTRACT
In the course of their work judges quite often expose themselves to criticisms.
Implicit in these critiques is the expectation that responsible judicial writing
should not only be encouraged but required as an ethical obligation. In
composing their own legal analysis, judges are expected to have critically
deliberated upon the issues in dispute from a neutral perspective. Where a
judgment significantly replicates the prose of one litigant, regardless of whether
the source is acknowledged, the other litigant would be justifiably indignant with
the failure of the judge to devote sufficient thought to his position,
notwithstanding the merits of said judgment. This paper will attempt to make
the case for the imposition of a duty on the bench not to plagiarise the language
of the victorious litigant and to advocate for a “functional approach” to deal with
instances of unbridled judicial copying.
Keywords: judicial plagiarism; judgment writing; duty to provide reasons; judicial ethics;
functional approach
Barrister-at-Law (Gray’s Inn), LLB(University of Liverpool). I am grateful for the helpful comm ents from Lady
Justice Geraldine Andrews DBE and an anonymous referee on a draft of this article. All omissions a nd
shortcomings remain min.
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