Wednesday, 1 August 2012

NEWS -new judges, barristers to sue solicitors and a constitutional crisis in Wales...

New Judges for the Court of Appeal:

The Honourable Mr Justice Lloyd Jones

Mr Justice Lloyd Jones was called to the Bar (Middle Temple) in 1975. He was Junior Crown Counsel (Common Law) from 1997-99. He was appointed a Recorder in 1994 and a QC in 1999. In 2005 he was appointed a High Court Judge in the Queen’s Bench Division. Mr Justice Lloyd Jones is currently Deputy Chair of the Boundary Commission for Wales.  He will take up post as Chairman of the Law Commission on the 1 August 2012.
The Honourable Mr Justice McCombe
Mr Justice McCombe was called to the Bar (Lincolns Inn) in 1975.  He was a Recorder in 1993-2001, Assistant Recorder in 1993-1996 and a Deputy High Court Judge from 1996- 2001.  He was appointed to the High Court in the Queens Bench Division in 2001 and was a Presiding Judge between 2004 -07.
The Honourable Mr Justice Treacy
Mr Justice Treacy was called to the Bar (Middle Temple) in 1971. He was appointed Assistant Recorder in 1988 and Recorder in 1991 a post he retained until his appointment to the High Court in 2002 and being knighted by The Queen.  From 2006 -2009 he was the Presiding Judge of the Midland Circuit.  He is now a member of the Sentencing Council for England and Wales.
The Honourable Mr Justice Beatson
Mr Justice Beatson FBA was called to the Bar (Inner Temple) in 1972. He was a Law Commissioner for England and Wales between 1989 and 1994, a Competition Commissioner between 1995 and 2001, a Crown Court Recorder since 1994, and a Deputy High Court Judge between 1999 and his appointment as a judge in the Queens Bench Division of the High Court in April 2003.  His professional background was primarily as an academic lawyer, although after 1982 he undertook some practice, and was appointed Queen’s Counsel in 1998. He taught at the University of Bristol in 1972-73, and at Merton College, Oxford and the Oxford Law Faculty between 1973 and 1989. He was Rouse Ball Professor of English Law at Cambridge between 1994 and 2003, and the founding director of the Cambridge Centre for Public Law. He is a Fellow of the British Academy, an Honorary Fellow of Brasenose and Merton Colleges, Oxford, and of St John’s College, Cambridge, and a former President of the British Academy of Forensic Science.
The Merry-Go round continues with some new Presiding Judges:
Mr Justice Singh has been appointed to the South Eastern Circuit where he will succeed Mr Justice Saunders.
Mrs Justice Sharp has been appointed to Western Circuit where she will succeed Mr Justice Field.
Mr Justice Globe has been appointed to the North Eastern Circuit where he will succeed Mr Justice Openshaw.
PLUS - Barristers are going to be able to sue solicitors for the first time.  The Legal Service Board has approved a change to professional rules which will see contracts used between solicitors and their Barristers!  Can't wait!

AND the Attorney General has used his powers under section 112 Government of Wales Act 2006 to refer the question of whether a Welsh Assembly Bill is in accordance with the Assembly's legislative competence to the Supreme Court. The Local Government (Byelaws) Wales Bill passed the Assembly on 3rd July and was going to receive Royal Assent- it now can't until the Supreme Court has ruled on it.  It will be the first Bill to be passed by the Assembly and would be the first piece of truly Welsh law since 1535.  The Welsh are not happy:

spokesman for First Minister Carwyn Jones said it was a "ridiculous situation that has arisen on what is a totally uncontroversial piece of legislation".
"The primary policy objective of the Bill is to simplify and rationalise how local authorities make byelaws to deal with nuisances in their areas," he said.
"So why the UK government has decided to take this to the Supreme Court, at the last minute, is inexplicable.
"Last year, the people of Wales voted in a referendum for these powers to be devolved.
"Now the UK government, by this action, have decided to ignore that fact."

No doutbt Theodore Huckle  QC, Counsel General for Wales, will be renewing his call for a "Welsh" judge to sit with his NI and Scots brothers and sisters in the SCUK.  

“The composition of the Supreme Court should reflect squarely the whole devolution settlement.
“It is increasingly likely that the Supreme Court will have to consider devolution issues. In that context we think there should be a Welsh representative on the Supreme Court.
“They say that England and Wales is one jurisdiction and it’s difficult to identify what constitutes a Welsh judge. We say we know one when we see one. The government in Wales has consistently argued that the 2005 Constitutional Reform Act should be interpreted to mean that Wales is a separate part [of the UK].”
Lord Justice Lloyd-Jones, (see above swearing in the Welsh Assembly Government) might be a candidate - save that he is going to Chair the Law Commission.
Mr Justice Wyn-Wiiliams - my favourite judge of all time?  I would love to see him in the UKSC - although I am not sure what he would add (apart from his legendary common sense) - as he is a Judge who administers and applies English Law throughout his jurisdiction of England and Wales - unlike those judges from NI and Scotland.....


112 Scrutiny of Bills by Supreme Court

(1) The Counsel General or the Attorney General may refer the question whether a Bill, or any provision of a Bill, would be within the Assembly's legislative competence to the Supreme Court for decision.

(2)Subject to subsection (3), the Counsel General or the Attorney General may make a reference in relation to a Bill at any time during—

(a)the period of four weeks beginning with the passing of the Bill, and

(b)any period of four weeks beginning with any subsequent approval of the Bill in accordance with provision included in the standing orders in compliance with section 111(7).

(3)No reference may be made in relation to a Bill—

(a)by the Counsel General if the Counsel General has notified the Clerk that no reference is to be made in relation to it by the Counsel General, or

(b)by the Attorney General if the Attorney General has notified the Clerk that no reference is to be made in relation to it by the Attorney General.

(4)But subsection (3) does not apply if the Bill has been approved as mentioned in subsection (2)(b) since the notification.


  1. Presumably Huckle, as Counsel General, is responsible for advising as to the legislative competence of the Assembly in relation to the Bills before it. So he'll be sweating on the outcome of the Supreme Court proceedings, given that this is the first Bill to pass through the Assembly.

    Huckle also appears to overlook the point that there is no reason why all the judges of the Supreme Court should not be Welsh, apart, of course, for those from the separate jurisdictions of Scotland and Northern Ireland.

  2. I have read your blog and found that the information about this is very helpful information for me. Thanks for shearing such a useful information with us. Solicitors Merseyside

  3. This comment has been removed by the author.