Legal profession

Last weekend the Sunday Mirror reported, almost in passing, that Chris Grayling may be sacked from the UK cabinet:

So Justice Secretary Chris Grayling is expected to get the chop and be replaced by Northern Ireland Secretary Theresa Villiers.

This would be welcome news. Mr Grayling has not been a success as justice secretary and lord chancellor, in respect of either policy making or political leadership. Indeed, it is difficult to imagine a worse ministerial performance. Read more

Earlier this month, a UK government department told senior judges something rather extraordinary: that the department was resorting to an “emergency measure”.

But this was not the Home Office dealing with the aftermath of widespread riots, or the Department for Food, Environment and Rural Affairs coping with sudden flooding of villages and towns. Read more

A fortnight ago the UK government had a disaster in a London criminal court.

It was a disaster which had been one year in the making – and one which was widely predicted. And it was a disaster the impact of which will become even more serious – unless government policy now changes.

In essence, the calamity was that a prosecution for complex fraud – the Operation Cotton case – was stayed (that is, terminated) by a judge on the application of the defendants. This was, of course, unwelcome in itself: it meant alleged fraudsters could walk free without trial. Read more

Lady Justice does not always have her eyes covered: for example, contrary to popular belief, she does not wear a blindfold on top of the Old Bailey.

Sometimes she is depicted by artists as being blindfolded, and sometimes she is not. (Perhaps wisely, those statues and paintings which have Lady Justice blindfolded tend to have her with the sword safely lowered; and whether someone brandishing a sword whilst wearing a blindfold is an appropriate image for any system of justice is a matter of opinion.) But there is no consensus among painters and sculptors as to whether Lady Justice should be wearing a blindfold or not.

There is similar inconsistency in what parts of the justice system we are allowed to see, as members of the public or even as jurors or parties to a claim or prosecution. Some parts of our legal process are open, whilst other aspects are hidden from our view. This is because there is no general principle of open justice in the jurisdiction of England and Wales: it is often a game of pass the blindfold as any court case continues. Read more