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Litigation Letter

Judicial independence

The Government’s proposals to abolish the office of Lord Chancellor, as well as establishing a new Supreme Court and introducing a new system for judicial appointments will be put forward shortly in a constitutional reform bill. But in advance of that, the Lord Chancellor, Lord Falconer, has agreed to a package of concessions to calm the fears of senior judges that the Government’s radical constitutional reforms posed a threat to judicial independence. Lord Woolf has confirmed that the judiciary is satisfied with the deal, which will enshrine a guarantee of judicial independence in statute for the first time. Some members of the higher judiciary expressed dismay when the Government announced that the office of the Lord Chancellor was to be axed. They feared that the loss would leave them exposed to other ministers who might resent court rulings against them.

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