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LW1023

SECTION A

1. Do barristers make better judges? Give reasons for your answer.
Essay plan:
Firstly discuss the history of barristers including their requirements to become a barrister etc.
Then go on to the judiciary the CRA 2005 and how judges are elected i.e. the juridical appointment commissions 14 member ect
Then move on to the current demographic of the judiciary
Sutton trust research 2004
CRA section 63 merit and section 63 diversity
Compare to the dimorphic of barristers
Deficit model , Brenda Hale , Ministry of Justice, sex discrimination act1975, race relations act 1995 , disiabilty discrimation act 1995 alll put into one document in 2010 the equality act.
Othere critic ,
Secret soundings and patronage.

2. “Mediation has certainly not had its day. It will undoubtedly go from strength to strength. It can however only grow properly and consistently with our commitment to equal access to justice for all. Mediation is a complement to justice. It cannot ever be a substitute for justice.” (Neuberger, MR, The Gordon Slynn Memorial Lecture 2010, Has Mediation Had its Day? 10 November 2010, p14.)

Discuss.

3. “Tribunals’ procedures and approach to overseeing the preparation of cases and their hearing can be simpler and more informal than the courts.”

Is this an advantage or a disadvantage of tribunals? Give reasons for your answers.

4. “The requirements of Article 6 ECHR are unnecessary in modern English civil litigation.”

Discuss.
The history of the ECHR and the HRA 1998,
Protects are conventional rights
Principles of the ECHR are similar to the right w have in English civil litigation anyway
Political principle Magna Charta 1215 protects against arbitury punishment and right to a fair trial, act of settlements1701 judges hold office for good behavior can only be dismissed if they act in bad faith both of the houses of parliament must agrre to dismiss then
Natural justice : two principle nemo iudex sua causa (no man can be a judge in his own case)
Audi alteram partem(here the other side of the case before making an adverse decision)
This principle of natural justice gave way to three main principles of a fair trial:
The rule agaist bias
The right to a Fair hearing
The right for a reasoned decision Pinochet 19998(Hof L the courts can re-open a case if there is reason to believe that the hearing was unfair
The gernal ideas of a fair trial suggested by section 6 are:
Procedural equality – fair balance between litigants case: Dumbo V Nethelands (1994)
An adversarial process and disclosure of evidence
Participation
Appearance in person this is particularly necessary in cases where someone’s physical attributes are being assessed case salamonsson v Sweden( 2002)
So what does article 6 provides section 6.1 deals with civil matters and there are 4 principle of the article which constitute a fair trial:
The hearing in a tribunal established by law
Public hearing (pretto V Italy
Public judgment (pretto V Italy
Decision delivered in a reasonable time

5. “The greatest achievement of the CPR was Lord Woolf’s decision to introduce the Rules with the Overriding Objective.” (R. Turner, Senior Master). What effect did the introduction of the Overriding Objective have on the structure of civil litigation in English law?
Lord Woolf reform came at a time where civil litigation was at a bad place
Cyril Glasser in the litigant ,civil litigation is in a state of crisis … while cost of legal services and delays in the court process are hardly new they have recently taken on renewed urgency
Unmet legal need
The overriding object of the CPR1.1
Lord Woolf believed that the civil justice system is one that needs to be ‘just’
He proposed three main principles ‘proportionality’ ‘simplicity’ and ‘affordability’
The overriding objective:
The courts should act justly in dealing with a case this rule override any other rule in the procedure if there is a conflict.
The parties involved are supposed to help the courts in any way possible complete this rule
CPR history first the civil procedure act was passed in 1997 , judges where then trained for 2 years before the cpr came into force in April 1999
Cpr1.2: proportionality and distributive justice track system
Part 36: offers to settle carver V British airways authority 2008) Court of appeal
Case mangemt 1.4
Pre action protocols
Cpr 44.5 unresoanble refusal of ADR

6. Is Legal Aid a human right? If not, should it be? Refer in your answer to the current methods of litigation funding in the UK.

Continued / ...

LW1023

SECTION B

7. “Law is certain but also certainly outdated; law is consistent but also consistently wrong” (Cownie, Bradney and Burton, English Legal System in Context, 2010, OUP, p.93) Critically discuss this paradoxical quote and make references on how English courts can mitigate the application of an otherwise binding precedent whose application would deliver an unjust outcome.

8. What is the impact on the doctrine of stare decisis and on statutory interpretation of:

(a) the UK’s membership of the European Union; and

(b) the passing of the Human Rights Act 1998.

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