Nigel Jackson outlines the far-reaching consequences of Reithatha v Williamson
Those who are familiar with the English civil justice system, may have noticed an alarming trend in certain recent judicial decisions where judges have shown an increasing tendency to bend the law, or misapply the facts to achieve what they consider to be the desired outcome. Most of the judges currently serving in the civil courts are barristers, who have spent their entire careers re-interpreting laws and arguing “facts” in the manner best suited to advance their clients’ cases, but it is important that they discontinue this practice once they have been appointed to a judicial position.
Not only does the practice discredit the English system of civil justice (the misapplication of law or facts by any court is a very serious matter, whether it is intentional or not), but it is also capable of having far-reaching consequences which can have a devastating impact upon vast numbers of people who have no connection at all to the particular facts presented to a judge in any single case.
Nothing could illustrate this more vividly than
