Home » Uncategorized » A letter from the LCJ to resident and presiding judges…

A letter from the LCJ to resident and presiding judges…

This morning Nigel Lithman QC received the following message from the Head of the Lord Chief Justice’s legal team, Claire Fielding:
 
Dear Nigel
 
The Lord Chief Justice and Senior Presiding Judge sent the following joint message to the Presiding and Resident Judges on Friday evening:
 
“Dear colleagues
 
You will be aware that members of the criminal Bar intend to stage a protest on Monday 6th January 2014, when they will make themselves unavailable for court until 2pm.  The Criminal Bar Association, in consultation with the circuit leaders, has issued a non-binding Protocol in relation to this action, which may extend to defence solicitors in the magistrates’ court.  
 
We have received a lot of queries about the position of the courts and are aware that many of you are receiving similar queries. In light of this, we thought that it may be helpful to confirm our view in writing to you all and to make this view public in due course, in order to minimise uncertainty.
 
The position of the judiciary is straightforward. It is constitutionally independent.  Monday 6th is a working day and as such, the business of the court will go ahead as normal. In line with usual practice the court should hear any applications to adjourn, taking into account the interests of both parties and the administration of justice, but will only remove a case from the list if an application is made on properly arguable grounds.
 
Each decision regarding listing prior to 6th January must of course be for the individual judge to which the case is allocated or the Resident Judge, taking into account the particular circumstances of the case. All decisions on the 6th January itself are for the judge listed to hear the case that day”.
 
Best wishes
 
Claire  

 
He replied with:
 
“Would you thank the Lord Chief. He could not be fairer”
This morning I received the following message from the Head of his legal team, Claire Fielding:
 
Dear Nigel
 
The Lord Chief Justice and Senior Presiding Judge sent the following joint message to the Presiding and Resident Judges on Friday evening:
 
“Dear colleagues
 
You will be aware that members of the criminal Bar intend to stage a protest on Monday 6th January 2014, when they will make themselves unavailable for court until 2pm.  The Criminal Bar Association, in consultation with the circuit leaders, has issued a non-binding Protocol in relation to this action, which may extend to defence solicitors in the magistrates’ court.  
 
We have received a lot of queries about the position of the courts and are aware that many of you are receiving similar queries. In light of this, we thought that it may be helpful to confirm our view in writing to you all and to make this view public in due course, in order to minimise uncertainty.
 
The position of the judiciary is straightforward. It is constitutionally independent.  Monday 6th is a working day and as such, the business of the court will go ahead as normal. In line with usual practice the court should hear any applications to adjourn, taking into account the interests of both parties and the administration of justice, but will only remove a case from the list if an application is made on properly arguable grounds.
 
Each decision regarding listing prior to 6th January must of course be for the individual judge to which the case is allocated or the Resident Judge, taking into account the particular circumstances of the case. All decisions on the 6th January itself are for the judge listed to hear the case that day”.
 
Best wishes
 
Claire  

 
I replied with:
 
“Would you thank the Lord Chief. He could not be fairer” – See more at: https://www.criminalbar.com/latest-updates/news/q/date/2013/12/16/monday-message-16-12-13/#sthash.QZIZUUnX.dpuf
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