Legal System: Judges

Question 1

Sirros v Moore

Answer 1

the judge wrongly ordered someone’s detention, that person started a claim for false imprisonment against the judge

CA held that although detention had been unlawful, no action could be taken against the judge as he had acted in good faith

Question 2

Miller

judicial independence

Answer 2

following the decision to leave the EU after the Brexit referendum in 2016

courts held that the government could not start the process without consulting parliament, this highlights the right of the judiciary to be independent and provide checks on the executive

Question 3

Pinochet

bias

Answer 3

during extradition hearings of Pinochet, it emerged that the judge had been a director of Amnesty International who were seeking to extradite Pinochet

the judge had interests in the case and was disqualified from the hearing due to the potential existence of bias and lack of impartiality