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A judge goes off the rails

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A judge goes off the rails

Postby atticus » Wed Sep 27, 2017 7:38 pm

I have never read anything like this. A dozen appeals heard together, all from decisions of the same First Tier Tribunal Judge, with a common thread of judicial incompetence. All appeals allowed.

http://www.bailii.org/uk/cases/UKAITUR/ ... 62014.html

Joshua Rozenberg reports that this judge has been referred to the Judicial Conduct Office.

Thankfully, this is a wholly exceptional case.
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Re: A judge goes off the rails

Postby atticus » Thu Sep 28, 2017 8:58 am

Gordon Exall has blogged about this case in Civil Litigation Brief.
The case of AA069062014 & Ors. [2017] UKAITUR AA069062014 has already attracted considerable attention on social media and beyond. The Upper Tribunal (Immigration & Asylum Chamber) considered appeals in 14 cases. The major issue was the tribunal judge. Here are the first 48 paragraphs of the judgment which dealt with generic issues. The judgment is of wider relevance because it sets out the need for reasons, coupled with clear findings of fact.

“… there is a virtue in brevity. But the basic requirements of a judicial decision must be met in all cases. It is necessary to set out sufficient of the facts to give a context to the dispute; sufficient of the evidence and submissions to show what the dispute was; findings on any disputed material fact and sufficient and adequate reasons for those findings; and adequate reasons for the conclusion, derived from the facts and the applicable legal rules. In the decisions under appeal before us it is not easy to find even one of those basic requirements being met. The reasons given are not proper, intelligible or accurate. The failures amount to errors of law.”
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Re: A judge goes off the rails

Postby Mac&Me » Sat Sep 30, 2017 9:15 pm

atticus wrote:Joshua Rozenberg reports that this judge has been referred to the Judicial Conduct Office.

They wont investigate this because the conduct in question relates to judicial judgements; at least that was their excuse when I complained about the judge at my employment tribunal.
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Re: A judge goes off the rails

Postby atticus » Sun Oct 01, 2017 12:49 pm

Maybe. Yours was one case; this concerned 10 or 12.
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Re: A judge goes off the rails

Postby dls » Mon Oct 02, 2017 1:29 pm

And to be fair this was after a rigorous analysis by the Vice President of the Upper ribunal and complaints made y representatives of some who in fact won.
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Re: A judge goes off the rails

Postby Mac&Me » Tue Oct 03, 2017 2:38 pm

If the rules are that Judicial Conduct Office can't investigate cases which relate to judicial judgements, then shouldn't those rules be applied consistently regardless of whether it's one case on its own or a group of cases together, and regardless of who refers the cases to the JCO? I personally hope they do investigate as that should then open the door for them to investigate my case, in theory.
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Re: A judge goes off the rails

Postby atticus » Tue Oct 03, 2017 3:57 pm

The distinction may lie in the continuously erroneous approach taken by the judge in numerous cases, and not just the one. The question then becomes one of the general approach to the judicial task and not of the approach to an individual case.
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