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25 January 2007 / Sir Geoffrey Bindman KC
Issue: 7257 / Categories: Opinion , Profession
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Judge not that ye be not judged

Geoffrey Bindman’s judicial potential is tested over the
fate of a four-poster bed

In other European countries the judiciary has a distinct career path which lawyers can choose to follow at an early age. In Britain judges are still largely recruited from practitioners. At lower levels, increasingly those who want to judge must fill out application forms and submit themselves to a selection process. Some of my younger colleagues have done this successfully and enjoy their judging whether they do it full time or as a part-time diversion from the stresses of practice.

I admire those who can switch from legal practitioner to judge. The difference between the two roles is often underestimated. Though, of course, lawyers acting for clients must be responsible and honourable—solicitors, after all, are officers of the court—partisanship is the essence of advocacy. The judge by contrast has to be balanced, objective, and impartial. Many judges have all these qualities and they manage the transition to the bench seamlessly. Others—and I could mention a few names—seem incapable of overcoming their instinct to take sides.

Though

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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