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