Legal Method & Systems: Case Study, Judge Recruitment, Court Working

This document provides insights into the legal method and systems in the UK. It includes a case study on Darnley v Croydon Health services NHS Trust, information on the process of judge recruitment at different levels of the court, and an overview of the working of the court system. The document also discusses the challenges and merits of the judiciary in representing society.

LEGAL METHOD & SYSTEMS AS1

Contents
PART A................................................................................................................................................3
PART B................................................................................................................................................3
PART C................................................................................................................................................5
REFERENCES..........................................................................................................................................7

PART A
In this case study the issues is raised between the Darnley (Appellant) V Croydon
Health services NHS Trust (Respondent) [2018] UKSC 50 On appeal from [2017] EWCA Civ
151. In this the defendant against which the suit is file is relating to not taking care of the
patient timely and not providing the accurate treatment. The charge which is imposed upon
the defendant is relating to violating the law of torts in which the duty of care is not fulfilled. It
also resulting in neglecting the facts which is faced by Darnley in respect of not indicating the
signals regarding the impact on brain1. The charge which is imposed upon the respondent is
relating to not working under the law of torts act, 1977. As various trail proceeding is judged
during giving the judgment on this present case scenario. As in respect of first trial, all the
evidence person are ordered to present in the court during the criminal proceeding under the
law of torts.
Thus, firstly the case is referred to the high court in respect of imposing strict action
against the hospitals regarding not taking care of Darnley. But the claim is rejected under the
High court in respect of not presenting any important evidence which support the case.
Further the appeal is made under the court of appeal in which the judgment is raised
regarding not reflecting the matters under the infringement of the law of torts. As the decision
in this stage is given on the bases of majority which is raised by the judges in respect of not
carrying any liability by the receptionist in respect of taking time to judge the incident that to
be happened in near future. Later after getting rejection from all the stages of the court,
appellant file the suit under the Supreme Court or crown court which mainly inspect the
matters from the new ways.
Once the case referred to the crown court, they reflect the matters on the starting
base. Firstly they observe that the matter reflecting the violation of the norms of the law of
torts. They firstly examined the matters which are covered under the law of torts such as
duty of care, breach in duty, causation. It is also stipulated that law of torts or negligence
also resulting in affecting the right of the parties. Under the crown court, judges firstly refers
the matters under the duty of care as they stipulated that the responsibility carry the duty
regarding calling doctors once, they view the condition of Darnley2. Thus, Judges feel that
violation occurs in respect of not taking care after knowing the serious condition of Darnley.
The next step which is mentioned under the law of torts is relating to the Breach in
performing the duty. As by appointing the qualified and trained staff at work place, they
recruited the untrained staff which not examine the health condition of the Darnley in better
way. Thus, it also proves that the breach occurs during the time of treatment and last the
matters of causation occurs in which the matters is referred to the queen regarding fixing the
compensation for the losses incurred.
PART B
Process of judge recruitment at different level
In UK there are different level of the court which used to govern the different cases
throughout the nation, Selection of different judges in the nation is done by going through the
1 Darnley (Appellant) V Croydon Health services NHS Trust (Respondent) [2018] UKSC 50
On appeal from [2017] EWCA Civ 151. 2020. [Online]. Available through: <
https://www.supremecourt.uk/cases/uksc-2017-0070.html>.
2 Jacobson, J. and Hunter, G., 2016. Inside Crown Court: Personal experiences and
questions of legitimacy. Policy Press.

proper process3. There are many different type of criteria which are also seen at the time of
recruitment of the judge.
Crown courts, judge in the Crown courts are appointed by the Queen, following a fair
and competition by the judicial Appointment Commission. Generally at the time of selection
of the judge for the district level court, statutory qualification for this type of the court is a five
year right of the audience4. UK constitution generally used to consider the applicants who
have been serving the deputy judge for more than the two years or the one who have
completed the 30 stirring in that capacity. High Court judges are appointed by the Queen
consulting with the Lord Chancellor. In the Constitutional Reform Act 2005 the judicial
Appointment commission has removed the appointment of judge5. This process has been
change very much in the current scenario as it has been find out that it the past the judge of
the high court was appointment on the basis of the barrister of at least 10 years. Soon after
that the qualification requirement change and as select judge at the high court need to have
a twenty to thirty year of the experience working as a lawyer.
In the case of the Magister court the Local advisory committee is the one who used
to select the judge, this is the sole committee which has the power to the same and no
political interference can be done in the same6. This committee used to select two to three
profiles for the judge after that the interview panel in the court used to interview the individual
and select the best judge7. In the interview process the first stage is the detailed application
form submission. After that who panel think is eligible is interviewed and best individual is
suggested to Lord Chancellor, who generally used to approve the same. This process has
changed very smartly as in the past Lord Chancellor was the one who used to select the
judge for Magister Court.
In the case of the Supreme Court, judge are being appointed by the Queen of the
nation on the suggest of the Prime minister. Who generally receives the variety of the
recommendation from the selection commission of the UK. This process is governed by the
Constitutional Reform 20058. For being the judge of the Supreme Court in the UK the person
must have held high judicial office for at least of the two years. Or having any right of the
3 Pina-Sánchez, J and et.al., 2019. Exploring the origin of sentencing disparities in the Crown
Court: Using text mining techniques to differentiate between court and judge
disparities. Social science research. 84. p.102343.
4 Uhrig, N., 2016. Black, Asian and minority ethnic disproportionality in the criminal justice
system in England and Wales. London: Ministry of Justice.
5 Synnott, J. and Ioannou, M., 2019. An Evaluation of the'Protocol for the Handling of
Domestic Abuse Cases at Aylesbury Crown Court'.
6 Sheehan, R., 2018. Magistrates' decision-making in child protection cases. Routledge.
7 Aliverti, A., 2016. Researching the global criminal court. Changing Contours of Criminal
Justice, p.73.
8 Pina-Sánchez, J., Lightowlers, C. and Roberts, J., 2017. Exploring the punitive surge:
Crown Court sentencing practices before and after the 2011 English riots. Criminology &
Criminal Justice. 17(3). pp.319-339.
Vigier, F. J. and del Mar Sánchez, M., 2017, November. Using Parallel Corpora to Study the
Translation of Legal System-Bound Terms: The Case of Names of English and Spanish
Courts. In International Conference on Computational and Corpus-Based Phraseology. (pp.
260-273). Springer, Cham.

audience at the high court of England. So it means that it is not important for the individual to
have previous judicial experience. Looking at the procedure it has been find out that in the
first step the selection commission is generally formed. Selection commission is generally
includes President of the court, senior UK judge, one each member of Judicial Appointments
Commission, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial
Appointments Commission. After that in the second step of the procedure the there are
variety of the number type of people used to consult with each other. The first group of them
was a the senior judge, commission generally used to consult with the other big judges of
the nation. After that the commission also used to consult with the Lord Chancellor, minister
or England Wales and also the minister of Scotland. After that the selection are done on the
basis of different qualification criteria. After that the commission used to pass on the
nomination to the secretary of state for justice. Who than consult with the politician and judge
and pass on the name to the Prime minister who used to pass on the same to the Queen to
make the appointment.
Looking at the current judiciary of the nation it can be said that there are mix reaction of the
community, as it has been find out that the judiciary used to represent the society as all the
society used to trust the judiciary for all the concern which are faced by them in the nation, at
the same it has been also analysed that there are many sign which used to give the
response that judiciary in the nation does not used to represent whole society. Looking at the
merits it has seen that judiciary and judge of the judiciary used to used to help the nation in
safeguarding the different right of the society member in the nation, this used to give the idea
that the judiciary is good representative of the society. At the same time looking at the other
coin of the argument it has seen that this part is more at the correct side. As it has been
identified that judiciary of the nation is generally a male dominance as a result there are less
than 25 percent of the judge who are female, other than that all the judge in the nation are
male. This is result it has been find out that the cases of the rape are not dealt that well in
the nation. Not only that there are many other judiciary also which used to prefer male more
than women, so it can be said that judge and judiciary are not representative of society.
PART C
a) The question which is chosen in this report is relating to knowing about the working of the
legal system in UK. As due to changes in time, the number of cases are increasing and also
courts are applying various tactics to resolve the cases within the set time period. Thus, it is
interesting to know the information about the court working and also the criteria which they
used to resolve the civil and criminal matters.
b) In respect of entering into the court or viewing the cases, firstly I prepare myself regarding
taking the notebook and also the card through which I can sit in the trail proceeding. In
context of viewing any cases, it is necessary to know about the case and also the matters
which is discussed in this court. Thus, before viewing any trial of the case, I must carry the
detailed study about the case and also collect the facts which is beneficial in understanding
the matters. In this report, the court which I choose is the crown court.
Antoniou, A. K. and Akrivos, D., 2017. Crown Prosecution Service Case Files Review:
Setting the Scene. In The Rise of Extreme Porn. (pp. 229-251). Palgrave Macmillan, Cham.
Fowler, Y., 2017. Court interpreting in England: what works?(and for whom)?: how
Interpreted Prison Video Link impacts upon courtroom interaction. Language and Law=
Linguagem e Direito. 3(2).

c) As the case which is relating to Darnley (Appellant) V Croydon Health services NHS Trust
(Respondent) [2018] UKSC is available on the internet. Thus, it attract me to visit to the court
to gather the information and understanding about the crown court working.
d) Part B of the answer is prepared by gathering information from the online sites of UK court
and legal systems. As through this system, the working and also the matters which are
resolved in the particular courts are identified. The resources which are used is relating to
the internet services, books, articles and journal and also sometime personally attend the
cases and also working of the courts to gather and present the original information.
e) During answering the question, I search a lot about the legal system and the crown and
magistrate working in the court. Such data is to be gathered through the internet where the
detailed information about the court working is given. In some cases the issues raised
regarding interpreting the information, in that case I take help from my lawyer friend
regarding understanding the rules which is applied by judges to resolve the case.
f) By carrying this assessment various things I like such as keeping patience regarding
understanding the decision and also the importance of time. As court proceeding started on
timely bases9. The things which I don’t like is misbehaviors and manipulation of information.
As in respect of proving the crime, judges manipulate the original evidences.
g) By covering all the details which I gathered, I feel that this assessment helps me in
understanding the legal system in better ways. As the source of internet provide the legal
information but by personally visiting to court and interacting with judges helps me in
changing the ways of things in right manner.
9 Lightowlers, C. and Pina-Sánchez, J., 2018. Intoxication and assault: An analysis of Crown
Court sentencing practices in England and Wales. The British Journal of Criminology. 58(1).
pp.132-154.
Robinson, G., 2018. Transforming probation services in Magistrates’ courts. Probation
Journal. 65(3). pp.316-334.
Robinson, G., 2019. Delivering McJustice? The probation factory at the Magistrates’
court. Criminology & Criminal Justice. 19(5). pp.605-621.
Roberts, J. V. and Ashworth, A., 2016. The evolution of sentencing policy and practice in
England and Wales, 2003–2015. Crime and Justice. 45(1). pp.307-358.

REFERENCES
Books and Journal
Jacobson, J. and Hunter, G., 2016. Inside Crown Court: Personal experiences and questions
of legitimacy. Policy Press.
Pina-Sánchez, J and et.al., 2019. Exploring the origin of sentencing disparities in the Crown
Court: Using text mining techniques to differentiate between court and judge
disparities. Social science research. 84. p.102343.
Uhrig, N., 2016. Black, Asian and minority ethnic disproportionality in the criminal justice
system in England and Wales. London: Ministry of Justice.
Synnott, J. and Ioannou, M., 2019. An Evaluation of the'Protocol for the Handling of
Domestic Abuse Cases at Aylesbury Crown Court'.
Sheehan, R., 2018. Magistrates' decision-making in child protection cases. Routledge.
Aliverti, A., 2016. Researching the global criminal court. Changing Contours of Criminal
Justice, p.73.
Pina-Sánchez, J., Lightowlers, C. and Roberts, J., 2017. Exploring the punitive surge: Crown
Court sentencing practices before and after the 2011 English riots. Criminology &
Criminal Justice. 17(3). pp.319-339.
Lightowlers, C. and Pina-Sánchez, J., 2018. Intoxication and assault: An analysis of Crown
Court sentencing practices in England and Wales. The British Journal of
Criminology. 58(1). pp.132-154.
Robinson, G., 2018. Transforming probation services in Magistrates’ courts. Probation
Journal. 65(3). pp.316-334.
Robinson, G., 2019. Delivering McJustice? The probation factory at the Magistrates’
court. Criminology & Criminal Justice. 19(5). pp.605-621.
Roberts, J. V. and Ashworth, A., 2016. The evolution of sentencing policy and practice in
England and Wales, 2003–2015. Crime and Justice. 45(1). pp.307-358.
Vigier, F. J. and del Mar Sánchez, M., 2017, November. Using Parallel Corpora to Study the
Translation of Legal System-Bound Terms: The Case of Names of English and
Spanish Courts. In International Conference on Computational and Corpus-Based
Phraseology. (pp. 260-273). Springer, Cham.
Antoniou, A. K. and Akrivos, D., 2017. Crown Prosecution Service Case Files Review:
Setting the Scene. In The Rise of Extreme Porn. (pp. 229-251). Palgrave Macmillan,
Cham.
Fowler, Y., 2017. Court interpreting in England: what works?(and for whom)?: how
Interpreted Prison Video Link impacts upon courtroom interaction. Language and
Law= Linguagem e Direito. 3(2).