Evening Standard

Lack of judges a risk in post-Brexit world, warns head of Supreme Court

- Martin Bentham Home Affairs Editor

THE future success of the City and Britain’s prospects outside the European Union are at risk of being undermined by a shortage of judges, the head of the Supreme Court warned today.

Lord Neuberger, the country’s most senior judge, said that a “first class judiciary” was essential for the “whole financial and profession­al services industries” which were “so vital to the fortunes of this country, perhaps particular­ly in the post-Brexit world”.

But he warned that the increasing number of “refusenik” barristers who were opting not to pursue a place on the Bench risked putting judicial quality under threat by reducing the pool of talent from which judges were chosen.

Lord Neuberger added that the trend “could become a real problem” unless reversed and that “the rule of law” could also be damaged if the quality of judges declined.

His comments follow a recent survey of judicial attitudes showing that nearly half of judges plan to leave the Bench early amid concerns about inadequate pay, cuts to pensions and a lack of appreciati­on from the public.

The same problems, including the large gap between their potential earnings as a barrister and the salary of judge, are also deterring lawyers from applying to join the judiciary.

Lord Neuberger, whose warning came during a speech in Oxford published today, said: “The proportion of refuseniks is increasing, and … could become a real problem if it continues.

“The concern is not only that it will undermine one of the two fundamenta­l pillars of our society, the rule of law, if we do not have a first-class judiciary.

“It is also because a first-class judiciary underpins the whole financial and profession­al services industries which are so vital to the fortunes of this country, perhaps particular­ly in the postBrexit world.”

The value of Britain’s legal sector, much of which is based in London, is estimated at around £25 billion a year.

The financial industry, including accountanc­y as well as banking and insurance, also generates billions.

A key attraction in each case is the reputation of the commercial courts which adjudicate in disputes.

In other comments, Lord Neuberger also suggested that the cross-examinatio­n of witnesses in court should be scrapped.

He said that even honest witnesses often appeared “uncomforta­ble, eva- sive, inaccurate, combative, or, maybe even worse, compliant” when testifying and that he was “very sceptical” about judges making decisions based on their impression­s of those giving evidence.

He suggested that the advance disclosure of documents should also be abandoned because it too did not help to deliver justice.

@martinbent­ham

 ??  ?? Warning: Lord Neuberger predicts big problems without a “first class judiciary”
Warning: Lord Neuberger predicts big problems without a “first class judiciary”

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