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28 September 2017 / Sir Geoffrey Bindman KC
Issue: 7763 / Categories: Features , Public , Profession , Constitutional law
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Lessons from Scroggs LCJ

Judicial independence remains a perennial issue in all democracies, as Geoffrey Bindman explains

We should be proud of our judiciary. They need courage and they have it. When the Daily Mail in November 2016 grotesquely labelled the Lord Chief Justice and two colleagues ‘enemies of the people’ they were not intimidated. But they did not descend into the arena to defend themselves. The then Lord Chancellor, Liz Truss, whose duty it was to do so, failed lamentably to meet the challenge.

It has long been customary for judges to maintain a dignified silence in the face of criticism, perhaps taking to heart Lord Bacon’s adage ‘an overspeaking judge is no well-tuned cymbal’. Recently, they have been encouraged to be more outspoken.

In the past some judges have capitulated to popular prejudice, even to mass hysteria. When they do so, injustice prevails and public safety is at risk. At times also they have spoken out forcefully in their own defence. One judge in his turbulent career did both.

In the year 1678 anti-Catholic feeling in England was deeply entrenched among Protestants. An eccentric

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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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