School of LawLiberty Building, Room LG 06

University of LeedsMoorland Road

LS2 9JTWednesday 19 November 2014

Judges of Tomorrow, they look like you! A networking event

2

Contents

Thank you to our sponsors 3

Introduction 4

Programme 5

How to find us 6

Profiles of speakers 9

Networking Judges Biographies 13

The structures of the courts and tribunals systems 16

Am I eligible to apply? 17

Checklist: Am I ready to apply? 18

The selection process 20

The Judicial Progression Chart 21

Case studies from successful applicants 22

Myths 29

Forthcoming competitions 31

Contents

3

Thank you to our sponsors

The following have contributed to this event:

The School of Law, University of Leeds for kindly providing the venue and the Temple Women’s Forum for the refreshments.

THE HONOURABLE SOCIETY OF THE

INNER TEMPLE

Sponsors

4

An introduction from His Honour Judge Marc Dight, Lead Diversity and Community Relations Judge

Thank you for attending this networking event. It is good to have an opportunity to celebrate together, in Leeds, the forthcoming 50th Anniversary of the Race Relations Act. Looking back over the last half century there has been much progress but I think we are all agreed there is more to do and we can not be complacent. Part of my role, as the Lead Diversity and Community Relations Judge is to encourage greater diversity within the judiciary. This is a key priority of both the Lord Chief Justice and Senior President of Tribunals.

I am sure that you will find the speeches and networking insightful and encouraging. The evening will provide a real opportunity to gain a fuller understanding of the courts and tribunals judiciary and to learn about the different judicial roles that are open to you.

You will be able to learn at first hand from other judges, just what is possible. Please do put your questions to us during the networking session that will follow immediately after the speeches. We are looking forward to engaging with you.

I do hope you will enjoy the evening and be suitably inspired to consider applying for judicial appointment. Success will always be ultimately on merit but if, from this pool of talent, we can more accurately reflect the society we serve, the judiciary will be strengthened even further. I hope too that after partaking in this event you will be aware of the help that is available, e.g. with understanding the appointments process and some of these details are contained within this pack. As I am sure you are going to hear in our keynote speeches, being a judge is both a fascinating and immensely rewarding career option to take. I do hope that you will give serious consideration to it too.

HHJ Dight

Introduction

5

Programme

17:00 - 17:30 Registration and seating

17:30 - 18:30 Speeches

Key Note Speakers

• The Rt Hon Lady Justice Macur

• District Judge (Magistrates’ Courts) Tanweer Ikram

• District Judge Sunita Mason, CBE

• Mrs Sarah Gane, Director, Judicial Appointments Commission

Chaired by: His Honour Judge Marc Dight

18:30 - 20:00 Networking

Network with existing members of the judiciary in the courts and tribunals and representatives from the Judicial Appointments Commission.

Canapes (including halal and vegetarian options) will be served with drinks after the speeches.

20:00 Close

Programme

6

How to find us

Liberty Building, Lower Ground Lecture Theatre (LG 06) School of Law, University of Leeds, Moorland Road, LS2 9JT (if using SatNav please use postcode LS6 1AN).

The Liberty Building is situated on the corner of Moorland Road and Belle Vue Road on the Western Campus of the University of Leeds. It is situated behind the Maurice Keyworth Building (Business School). It is shown on the map below and is building no 16 on the campus map: http://www.leeds.ac.uk/campusmap

From Leeds train station, it is a 30 minute walk (uphill) or you can take a taxi for around £5-£6. Ace Cars Tel: 0113 230 4499 (most drivers will know directions to Leeds University Business School ’LUBS’, next to Liberty Building)

Alternatively, the number 56 bus runs from Albion Street via Woodhouse Lane (A660) and stops on Moorland Road. These run every 10 minutes.

If travelling by car, there is a visitors’ car park (turn left at the Parkinson Building on Woodhouse Lane) at the south end of the University campus. There is limited four hour street parking on Belle Vue Road immediately behind the Liberty Building.

How to find us

9

Profiles of speakers

The Right Honourable Lady Justice Macur

The Rt Hon Lady Justice Macur was called to the bar in 1979, and was a practising barrister in the Midland and Oxford Circuit between 1979 and 2005.

She was appointed Queen’s Counsel in 1998, and was Assistant Recorder and then Recorder of the Crown Court between 1995 and 2005, when she was appointed Judge of the High Court of Justice (Family Division).

She was Presiding Judge of the Midland Circuit between 1 January 2007 and 31 December 2011.

She was sworn in as Lady Justice of Court of Appeal on 31 July 2013.

Profiles

10

Judge Sunita Mason CBE - District Judge

Sunita studied law at Leicester University and then York College of Law. She qualified as a solicitor in 1994 and became a member of the Law Society’s Children Panel in 1998 specialising in acting for children in Public Law cases working in Lincolnshire and Nottinghamshire.

In 2005 she was appointed a Deputy District Judge on the North Eastern Circuit and changed jobs in 2007 to become the Legal Director of NYAS (National Youth Advocacy Service) a Children’s Charity that specialise in acting for children in intractable court cases.

Sunita was also appointed Chair of the Law Society’s Family Law Committee in 2008 and started doing lots of policy work in this role.

In 2009 Sunita made a career change and whilst still sitting as a Deputy District Judge, she was appointed as an Independent Advisor to the Home Secretary for Criminality Information. This entailed advising and writing 5 reports for Government which were published both in England and Wales and Northern Ireland and entailed changes in law under the Protection Freedom Act. She was awarded a CBE for this work in the Queens Birthday Honours list in June 2014.

Sunita became a full time District judge in October 2012, and spent 18 months working in Cambridgeshire before being appointed to the specialist Family Court in London where she is currently.

Profiles

11

Judge Tanweer Ikram - District Judge (Magistrates’ Courts)

Tan Ikram was born and schooled in Slough, after graduating in law from Wolverhampton Polytechnic, he was Called to the Bar (I) in 1990 and then, admitted as a solicitor in 1993. He became a partner at a local law firm and specialised in criminal defence and prosecution work. In 2008, he served as the President of the London Criminal Courts’ Solicitors’ Association.

Tan was first appointed as a parking adjudicator (2002), then, a part-time Deputy District Judge (MC) in 2003 and a full time District Judge (MC) in 2009. Earlier this year, he was ‘ticketed’ to hear extradition & terrorism work and is also authorised to sit in the Family Court.

He was awarded an honorary doctorate in laws (LLD) in 2012 and is a contributing editor to Archbold Magistrates’ Court Criminal Practice 2015 (Sweet & Maxwell). He is a Visiting Fellow in Youth Justice at London South Bank University. When not at work, he can be seen driving his 1961 Jaguar Mark 2, or more likely, under the bonnet, repairing it ...

Profiles

12

Mrs Sarah Gane - Director, JAC

Sarah joined the JAC in March 2009 following 18 years experience working in Courts and Tribunals.

Her last role with MoJ was as Head of the Tribunals Services Administrative Support Centres in Leicestershire, which included heading up the Mental Health Tribunal and leading on Immigration and Asylum.

In her current role as Director responsible for the selection exercise teams, Sarah works with the Commissioners to agree the process to be applied in exercises and carrying out quality assurance of the selections being made.

Profiles

13

Networking Judges Biographies Hannah Bright

Judge Bright studied law as a mature student, having previously worked in teaching and human rights. She qualified as a solicitor in 2003, was appointed as a fee paid employment judge in the Manchester region in 2010 and as a salaried employment judge in the Leeds region in 2013.

Michael Fanning

District Judge (MC) Fanning was appointed in October 2012, initially to Westminster Magistrates Court, thereafter to the South East London Local Justice Area based in Bromley, before moving to West Yorkshire in April 2014. Originally in practice as a solicitor advocate (criminal courts) in Cumbria, he also sat as both a deputy district judge and as a member of the Solicitors Disciplinary Tribunal. He was recently approved to sit as judge in the new Family Court, and now undertakes a mixture of criminal, private and public family work.

Sunil Iyer

Judge Iyer was called to the Bar (G.I.) in 1989, enjoying a varied civil practice including appearing before the House of Lords in the well-known Shogun Finance v Hudson case in 2003. Appointed as Chairman of the Pensions Appeals Tribunal (now Tribunal Judge of the First-tier tribunal, War Pensions and Armed Forces Compensation Chamber) in 2001. Appointed District Judge (Civil) Manchester Civil Justice Centre in August 2010. Judge Iyer is one of the Judges specialising in Cancer, Asbestos and Terminal Illness claims in the North West and also specialises in claims for malicious prosecution and false imprisonment. He is also serving as a Diversity and Community Relations Judge.

Stephen Keevash

After qualifying as a solicitor in 1975, Judge Keevash worked as a legal journalist before practising for 3 years in a Law Centre. He then lectured in law for 9 years before returning to practice. In 1995 he was appointed as a part time Industrial Tribunal Chairman and in 1998 appointed to a salaried post. He was based in Nottingham for 9 years before being transferred to Leeds in 2007.

In 2012 he was appointed Diversity and Community Relations Judge for Leeds.

Networking Judges

14

Deborah Licorish

After working for over 10 years in the publishing industry, Judge Licorish returned to study for a post-graduate diploma in law and the legal practice course. She qualified as a solicitor in 2002, subsequently specialised in employment law, and completed a part-time LLM in legal practice (dissertation on discrimination law) in 2004. She was appointed as a fee paid employment judge in 2010.

Robert Little

Judge Little qualified as a solicitor in 1979 and undertook a variety of work within private practice. He began to specialise in employment law towards the end of his period in private practice. In 1995 he was appointed as a part-time Chairman of Industrial Tribunals and then left private practice in 1999 to become a salaried employment judge.

Neil Maidment

Neil sits as a salaried Employment Judge in the Leeds Region. He became a fee paid Employment Judge in 2009 based in Newcastle and on appointment as a Salaried Judge in 2011 spent 2 years in the East Midlands Region.

Prior to his salaried judicial appointment, Neil worked as a solicitor specialising in employment law In London from 1991 before moving to a regional firm based in Hull and York where he served as a partner for a number of years. He was born and grew up in Sunderland where his heart remains!

Marie Mallon

Marie Mallon graduated from University College Cardiff in 1983, BSc Econ Social Administration. She worked in various research posts for 5 years before completing CPE and LSF at Newcastle Polytechnic, as it then was. Marie qualified as a solicitor in 1992. Practised exclusively criminal law, overwhelmingly defence. She was appointed Deputy District Judge (MC) 2006 and full-time District Judge (MC) 2009, sitting initially at Pontefract, Wakefield, Dewsbury and Huddersfield, and since January 2014, at Leeds. Ticketed to hear adult and youth cases, including serious sexual offences in the Youth Court and family cases. She also undertakes prison adjudications.

Networking Judges

15

Amjat Nawaz

HHJ Nawaz qualified as a barrister and practised predominantly on Midlands Circuit in Crime and Civil. Appointed Recorder in 2002 and Circuit Judge in 2008.

He is also a Diversity and Community Relations Judge.

Azmat Nisa

Judge Nisa qualified as a solicitor in 1991 and worked in private practice specialising in civil and family law. She became a Deputy District Judge in 2001 sitting on the South Eastern circuit. She practised in Berkshire and Buckinghamshire until she was appointed District Judge in 2005. She sat in Kingston County Court for years and now sits at Brentford County Court. She is also a Diversity and Community Relations Judge.

Rita Rogerson

Judge Rogerson completed her training contract (then called articles) at Harehills and Chapeltown Law Centre where she qualified as a solicitor and specialised in employment law. She left the Law Centre in 2000 to move into private practice where she remained until 2003 when she was appointed as a fee paid employment judge and became a salaried employment judge in 2011.

Networking Judges

The structure of the courts

UK Supreme Court

Appeal only, on points of law

Justices of the Supreme Court

Court of Appeal

Appeal only, on points of law to either the Criminal orCivil Divisions:

Lord Chief Justice, Heads of Division and Courtof Appeal Judges

High Court

Chancery, Queen’s Bench and Family Divisions. All threedivisions hear appeals from other courts, as well as “first

instance” cases.

High Court and Deputy High Court Judges

Crown Court

Jury trial for all indictable and some either-waycriminal offences. Appeals against conviction

and sentence from the magistrates’ court.

Circuit judges, Recorders and juries

Magistrates’ Court

Trial for most criminal offences. Some civil and family matters.

Magistrates, District Judges (Magistrates’ Courts), Deputy DJ (MC)s

Upper Tribunal

Appeals from the First-tier Tribunal

Upper Tribunal Judges

County Court

Trial for most civil cases.

Circuit judges, Recorders, District Judges,Deputy District Judges

Employment Appeal Tribunal

Appeals from the EmploymentTribunals

Employment Appeal Judgesand members

There are a number of othertribunals outside of this structure(for example, School ExclusionPanels) - their supporting legislationexplains their individual appealroutes.

Employment Tribunal (England&Wales; Scotland)

Claims about matters to do withemployment

Employment Judges andmembers

First-tier Tribunal

Appeals from executive agencydecisions.

Tribunal judges and members

17

Am I eligible to apply?

• disabled people are not discriminated against at any stage of the application of selection process;

18

Are you asking yourself if you have the experience and qualities needed to be a judge? Is this theright next step in your career? Would life on the bench suit you?

Before applying, you need to be honest with yourself about whether you are ready. Competitionfor judicial roles is very high, with sometimes ten applications for every vacancy, even in largeselection exercises. This is why candidates have to be more than experts in their field. Successfulcandidates often prepare months in advance of a selection exercise starting. Below is a checklist tohelp you decide whether you are ready to make your application.

Checklist: Am I ready to apply?

Do you know what roles are coming up?

• Look at the forthcoming vacancies on the JAC website, http://jac.judiciary.gov.uk andsign up to receive email alerts and Judging Your Future, a monthly email update onforthcoming vacancies and any changes to the selection process. Follow the JAC on Twitter@becomeajudge or look up the JAC on LinkedIn under 'Judicial AppointmentsCommission'.

• Decide which roles interest you and check that you satisfy the minimum entry requirementsand any additional selection criteria that the Lord Chancellor may have specified.

Have you found out more about the role(s)?

• Read case studies of successful candidates on the JAC website.

• Read up on and spend time in the jurisdiction for which you intend to apply.

• Speak to judges and observe how they work. A good way to do this is by applying to theJudicial Work Shadowing Scheme run by Judicial Office at least six months ahead of theselection exercise launching. You can also observe courts/tribunals in the public gallery.

• Visit www.judiciary.gov.uk which seeks to explains the roles and work of judicial office-holders in the civil, criminal and family courts, and in tribunals.

Have you found out about the selection process?

• Watch a webinar on the selection process

Checklist: Am I ready to apply?

Are you asking yourself if you have the experience and qualities needed to be a judge? Is this the right next step in your career? Would life on the bench suit you?

Before applying, you need to be honest with yourself about whether you are ready. Competition for judicial roles is very high, with sometimes ten applications for every vacancy, even in large selection exercises. This is why candidates have to be more than experts in their field. Successful candidates often prepare months in advance of a selection exercise starting. Below is a checklist to help you decide whether you are ready to make your application.

Do you know what roles are coming up?

• Look at the forthcoming vacancies on the JAC website, http://jac.judiciary.gov.uk and sign up to receive email alerts and Judging Your Future, a monthly email update on forthcoming vacancies and any changes to the selection process. Follow the JAC on Twitter @becomeajudge or look up the JAC on LinkedIn under 'Judicial Appointments Commission'.

• Decide which roles interest you and check that you satisfy the minimum entry requirements and any additional selection criteria that the Lord Chancellor may have specified.

Have you found out more about the role(s)?

• Read case studies of successful candidates on the JAC website.

• Read up on and spend time in the jurisdiction for which you intend to apply.

• Speak to judges and observe how they work. A good way to do this is by applying to the Judicial Work Shadowing Scheme run by Judicial Office at least six months ahead of the selection exercise launching. You can also observe courts/tribunals in the public gallery.

Visit www.judiciary.gov.uk which seeks to explains the roles and work of judicial officeholders in the civil, criminal and family courts, and in tribunals.

Have you found out about the selection process?

• Watch a webinar on the selection process

Checklist: Am I ready to apply?

19

• Through the JAC website, apply to be a mock candidate and gain valuable experience forfuture selection exercises.

• Look at previous application forms, which are available on the JAC website. Pay particularattention to the self-assessment, and think of detailed examples of how you havedemonstrated the neccessary qualities and abilities.

• Sit previous test papers (on the JAC website) under exam conditions to practise your examtechnique. Read the test feedback reports to see how you would have done.

• Collect examples as evidence of your abilities throughout the year, as a portfolio. You canthen measure their weight and relevance for the posts that interest you against the qualitiesand abilities and the detailed job description.

• Think about whom to approach as your referees. Only referees who can provide strongevidence of candidates work are likely to produce good references that will assist the panel incoming to their conclusions.

Use the resources on the JAC website

Resources on the JAC site include:

• Video, including films of a mock interview and role play

• A section called ‘Am I ready’ to assist potential applicants

• Case studies of successful judicial applicants

Filling the form in correctly

• Remember that the selection panel is interested in evidence-based examples; not assertions.For each example you need to describe succinctly the situation/task you faced, the specificrole you played and actions you took, the result and any lessons learned.

• Allow plenty of time - at least a week - to complete and polish your application using thematerial from your portfolio of examples.

• After completing the form, re-read the instructions on how to apply and the applicationform carefully, to check for any typographical and grammatical errors.

Checklist: Am I ready to apply?

20

The selection process: overviewJAC advertises the vacancy

Applications from candidates are received

Shortlisting

This may be done via:Paper sift or Written test

References

The JAC will approach the referees nominated by shortlisted candidates

Candidate Selection Day

This may include any/all of the following:Interviews, role-play, situational questioning

Panel report

Statutory consultation

Selection decisions

Report to the Appropriate Authority

The Selection Process

21

The Judicial Career Progression Chart

http://www.judiciary.gov.uk/about-the-judiciary/judges-career-paths/judicial-career-pro-gression-chart/

The Judicial Career Progression Chart has been created by the Judicial HR team. It promotes transparency in the structure of the judiciary of England and Wales, provides a picture for anyone aspiring to become a judicial office holder, and offers a development profile for anyone who is already a judicial office holder.

The Chart has been designed to give a clear pathway of what progression through the courts and tribunals in England and Wales looks like, captures the core roles, as well as the possible progression through these posts.

If you would like to know more about the judicial selection eligibility criteria for the various judicial posts, please go to the Judicial Appointments Commission website.

Disclaimer:The Chart is intended to provide an overview of progression through the judiciary in England and Wales. The Chart is not intended to constitute a definitive or complete picture of posts within the judiciary, neither does it constitute professional advice in any specific situation.

The Chart is subject to change.

The Judicial Career Progression Chart

22

Case Studies from Successful Candidates

Navdeep Deol

Navdeep Deol is a Fee-paid Employment Judge, sitting in the London Central Employment Tribunal, appointed in 2010. He also heads up the employment law team at British Airways and prior to that worked in private practice for Rowley Ashworth Solicitors.

Employment Tribunals determine disputes between employers and employees over employment rights. They hear claims about matters to do with employment. These can include unfair dismissal, redundancy payments and discrimination.

"Having acted for both claimants and respondents, I was interested in using the skills I had gained in a different way. The Employment Judge role was the perfect opportunity to do this.

"I was unsuccessful in the 2009 selection exercise, but was encouraged by solicitors and barristers who had been through this very competitive process to try again. The JAC was also very supportive and re-assured unsuccessful applicants that a rejection should not be considered to be a bar to future applications.

"The selection process can be quite daunting and it runs over a lengthy period. If you are interested in applying, you need to devote quite a bit of time and energy to it, even if you have been through it before, or you practice employment law from day to day. The analytical skills required for the role, and tested through the written test and role play, are not necessarily instinctive, even to the most experienced litigators. The JAC gives you guidance on the selection process and what you are required to

know, including a very helpful video of a role play. Look through this carefully, even if it seems obvious. And if you have some time, go to the Employment Tribunals to watch cases and take notes on the behaviour of the judges, as an observer with no stake in the particular case.

"After being shortlisted through a qualifying test, I was invited to a selection day consisting of an interview and two short role plays. JAC staff were very helpful and supportive in organising this. The role plays are a challenge, but probably a really effective way of seeing how you will behave in certain types of circumstances. It is not just about whether you know the correct statutory provisions, but also how you interact with others. The questions at my interview were challenging. You need to be able to demonstrate the relevant skills, for instance give examples of your ability to see different sides of an argument.

"I have decided to work part-time at British Airways to allow myself plenty of time to develop the skills required for a judicial role. It is good to be learning again - and the training for the role is very interesting and motivating. It feels, even at this early stage in my judicial career, that the role is likely to make me a better lawyer too."

Case Studies

23

Faridah Eden

Faridah Eden is a Fee-paid Judge of the First-tier Tribunal, Health, Education and Social Care Chamber, Mental Health. She is a solicitor working in the Government Legal Service (GLS) and is currently Head of the Academies and Free Schools team advising the Department for Education.

“A few years ago a colleague at the Ministry of Justice was appointed as a Deputy District Judge and that got me thinking about the possibility of a judicial career in the future. I took the opportunity to attend a talk given by a JAC Commissioner and signed up for the JAC newsletter Judging Your Future to find out about upcoming roles. I undertook judicial work shadowing at Wandsworth County Court, arranged by Judicial Office, and then applied for a Deputy District Judge role. However, I didn't get through the qualifying test as I ran out of time - so I knew I needed to practise to get my exam technique right.

“Next I looked at other options, and spotted that the Mental Health Tribunal needed fee-paid judges. As I had worked on a Mental Health Bill at the Home Office and I had previously given advice on restricted patients, I was familiar with the legal background. So I arranged to do shadowing at the Mental Health Tribunal and actually I much preferred it. Since I qualified as a solicitor, I have always worked in Government and done public law so the County Court felt rather alien to me. The Mental Health Tribunal felt much more familiar. In a previous role at the Home Office I was advising people taking important decisions on immigration and asylum cases, so I was used to taking public law based decisions which had serious consequences for people's lives and I understood how important it was to get those decisions right.

“I also liked the fact that the Mental Health Tribunal consists of a judge sitting with two other people - in Government you are often part of a team making a decision or advising. Everyone on both sides of the table was trying to come to the 'right' decision, working in the interests of the patient and trying to make sure this was a fair process. So it worked out much better - I am much happier that I've ended up with this role.

“If I were to offer advice to someone about to go through the JAC selection process I would say to spend some time thinking about your experience and how it fits. Think widely and look at the competencies. For example, it is fair to assume you will be asked about treating people equally and about awareness of community diversity. In the interview I included some examples from outside of work covering my role on my local Parish Church Council, on which I've worked with all sorts of people from across the local community.

“To prepare for the interview I also spoke to people I know who are sitting as Deputy District Judges. This was very useful in finding out what the selection process was like for them, what they enjoy about their job and what the challenges are. From those conversations, I understood that there were some key things I needed to get across in the situational questioning, like demonstrating fairness to both parties and giving everyone a chance to speak, while being aware that you need to get through your list in time as other cases are waiting to be heard.

“The selection day was well organised and professional. The JAC staff were very helpful and the panel interview was fair and balanced, with a clear emphasis on the job description and competency framework. I thought the balance of the interview panel worked well. I'm used to doing interviews as that is how we progress in the GLS but the lay member asked me some rigorous questions of the type I wouldn't normally be asked in a GLS interview.

Case Studies

24

“I would really recommend shadowing. I came away from my day at the Mental Health Tribunal really enthused about it. By pure coincidence, the patient and her solicitor, social worker and doctor were all black or Asian and then on the other side of the table you had this panel of a judge, consultant psychiatrist and lay person who were all white and several decades older than the patient. It's not about tokenism but about the patient feeling she was heard and the experience she was going through.

“I am yet to start sitting but intend to continue my current working pattern of four days a week for the GLS and sit for the Mental Health Tribunal on my fifth day. I sit for at least 30 days per year and there will be flexibility as to when I do that on both sides. The GLS sees this as a positive thing to do, they are keen to support the JAC and they see the read-across benefits to the work we are doing.”

This case study also features in the JAC Annual Report 2013-14

Hodge Malek

Hodge Malek QC was appointed as a Fee-paid Chairman of the Competition Appeal Tribunal in 2013. He also sits as a Recorder, is a commercial law barrister, academic author, and member of the Inns of Court Conduct Committee.

All of my experience - as a lawyer, writer and committee chairman - comes together in my judicial roles. A lot of law in courts and tribunals is really the law of evidence and case management. Being the general editor of Phipson on Evidence has helped me to have good working understanding of the law of evidence and this has helped me in my role as a judge in both criminal and civil cases.

When you join the Competition Appeal Tribunal you are asked to give a lecture to the other members. I gave a talk on disclosure. This gave me the opportunity to review all the cases of CAT on disclosure and to present my views as to how practice in this area may develop in the future. The importance of disclosure in all types of cases is well known, but it is important that its costs are not disproportionate to what is at

stake. Disclosure can involve hundreds of thousands of documents, both in hard copy and electronic form. It can be a lot of work, for little result and great cost if it is not handled properly. Most cases are not about fine points of law; they are about fact and what evidence is admissible. So every judge should have a firm grasp of the law of evidence and disclosure. As the jurisdiction of the CAT over private enforcement actions is enhanced, with the proposed introduction of stand-alone claims and opt-out collective redress, issues of disclosure will assume more importance in the CAT than at present.

I love sitting as a judge - I have sat as a Recorder for some years, and also on various disciplinary committees. I feel it is the most satisfying part of the work I do. If we had professional judiciary in the country where one joins the judiciary after university as a distinct career path, such as in civil law jurisdictions, I would probably have gone down that route.

The Fee-paid Chairman position is challenging as there is a mixture of regulatory work - and I do a lot of that as a barrister - and economics. I was attracted to it because the work of the Tribunal is high quality. The Tribunal is also run extremely well and has a first-rate reputation. When a case comes into the Tribunal it is allocated to a Chairman and two members and they look after it from beginning to end, so the case management is very good.

The selection process for the role is difficult in the sense that you have got to sell yourself in an application form. Some people like to sell themselves. I don't, but I accept that applicants should be assessed by

Case Studies

25

identifiable criteria in order to work out who is best for the position. Before the interview day, I was given some materials on competition cases and rules. Then on the day, I was left for 45 minutes with a problem which related to that material. It is a pretty good way of testing someone as this is how it works for a judge in court - they look at the papers in the morning and then should be ready to deal with the cases. In the interview they ask all the right questions and are very probing. The interview itself was conducted in a friendly manner and applicants need not be put off by the selection process.

As a judge you see all sorts of different people with real problems. Judges have in the past been criticised for not living in the real world, and for being elitist and I feel that we are getting away from that. Being a judge is such a rich experience. You have got a lot of responsibility and all you want to do is make sure everyone has a fair hearing and the result is just.

Olufemi Oluleye

Olufemi Oluleye became a Fee-paid Judge of the First-tier Tribunal, Social Entitlement Chamber (Social Security and Child Support) in July 2011 and sits in the South East.

She is a former disability member of the tribunal and is a solicitor, currently working as the chief executive of a Citizens Advice Bureau and previously as a commercial lawyer in Nigeria.

The First-tier Tribunal, Social Entitlement Chamber (Social Security and Child Support) is an independent tribunal dealing with appeals against decisions made by the Department for Work and Pensions as well as other government departments and local authorities. The main types of appeal deal with decisions about: Income Support; Jobseeker's Allowance; Incapacity Benefit; Employment Support Allowance, Disability Living Allowance; Attendance Allowance and retirement pensions.

"To be honest, I did not see myself becoming a judge in Britain - I felt it would have been easier in Nigeria. You need to be bold, but now the system is on merit it is obvious you should go for it. In the days of the 'nod and a wink' to get judicial roles I think I would have been staying on full-time at the Citizens Advice Bureau.

"It is good that you get a judicial role on merit and this requires taking it seriously. Preparation is the key to success. You cannot brush over not having the right experience. If you get through the test, you still need excellent examples for the interview and that's what my background gave me.

"After qualifying as a barrister and a solicitor in Nigeria and specialising in maritime law for 15 years, I moved to England and did a conversion course to practice as a solicitor here. It was difficult to get a role, so I started to volunteer full time at a law centre for six months and stumbled into focusing on social welfare law for the past nine years. I became a senior solicitor at a law centre and later moved to become a solicitor, manager and then chief executive of a citizens advice bureau.

"I started planning my move to become a judge three years ago and found out about the roles through the JAC's Judging Your Future email newsletter - it's a very good tool.

"Shadowing a District Judge for three days came next - he

Case Studies

26

really encouraged me and got me involved in his cases. A Law Society/JAC candidate seminar gave me some more background knowledge and then I attempted the selection process for a Deputy District Judge (Magistrates' Court) position. I did not pass the qualifying test, but it gave me valuable experience of the selection process and a realisation of the preparation required. At the test I met people who said it was their fourth, fifth or sixth attempt and I saw they were not giving up.

"As my job focussed on social welfare law, I decided to do some more shadowing, this time in the Social Entitlement Chamber. Again, I really enjoyed it, and thought 'I still want a judicial role and I can do this'. Then the opportunity came up to be a disability panel member in the chamber. I decided to go for it to build up my confidence, experience and knowledge. I was successful and six months into this role, the selection process started for fee-paid judges in the tribunal. I heard a rumour that if you are from a black or minority ethnic background (BME) you have to take a test several times to pass, but I am proof that this is not true and I tell as many people as I can.

"When I started sitting I was shocked about how few BME people have judicial roles and have mixed feelings about this. At first some people did not expect me to be on the judging panel and instead thought I was the appellant or at most a 'rep'. Most people coming before the courts and tribunals are BME, but the judicial bench is not representative.

"More lawyers from BME backgrounds should go for judicial roles when they are ready. You should apply to become a judge because you like the role, not because it is a job, and ask yourself if it really is for you. And because you like it, take it seriously and be prepared. Take up the opportunity of shadowing. The judges I met were very positive and enjoy what they do. You can see it is not just a job for them, it is a passion."

Tan Ikram

Tan Ikram became a Deputy District Judge in 2003 and a District Judge (MC) on the South Eastern Circuit in 2009. He was Called to the Bar in 1990 and, later, practised as a solicitor specialising in fraud, serious and complex crime. He was a Legal Assessor to the Nursing & Midwifery Council Professional Conduct Committee and served as the President of the London Criminal Courts Solicitors' Association in 2007-08.

"In 2003 when I started sitting part time [as a Deputy District Judge] I was head of department of a medium sized law firm. I spent much of my time managing, reviewing utilisation rates, time recordingdealing with monthly targets and aged deyou know, the sort of things that partners worry about. But every now aagain, I'd take time out and do my other job as a judge. I quickly realised that this was what I wanted to do full time. It tested a different part of my brain but it also assisted the practice by bringing in new skills. When you start making the decisions, it does focus your mind on the things that matter in a courtroom and you learn by seeing cases through the eyes of the judge. I think I became a better advocate and brought back much to the firm.

There are many positives to sitting on the bench - interesting cases and arguments (some of which I admit to borrowing) - but it also brings its challenges. Balancing priorities was difficult and keeping partners happy was sometimes tricky.

I was sworn in at the RCJ as a full-time judge in May 2009 and it is the best job I've ever done; in the trenches, very much on the front line.

It brings with it a lot of responsibility and life has changed. I don't worry about billing targets, see clients seven days a week or roll into a police station at 3am. The work can be demanding - district judges in the Magistrates' Court deal with the longer and more complex cases. Recently, I travelled down from London

Case Studies

27

to Redhill to deal with a long case in the Youth Court. Some of us also deal with family cases and I sit in the Family Proceedings Court where I handle the usual diet of care proceedings and applications for contact and residence orders.

The work is varied and it comes with its own pressures as well - a Court One list at Camberwell on a Monday morning can have 60 cases. That's a lot to get through in one day. Many of the defendants will be unrepresented, most of the lawyers will be extremely helpful but some lawyers will arrive without having read their papers. On occasion, I may be the only lawyer in the courtroom as the prosecutor need not be legally qualified. So you've got to know your law and, as importantly, be good at handling people and juggling the volume of work, never forgetting that fairness and justice always comes first.

Today, the judiciary is appointed on merit alone and competition is fierce. You have to be well prepared. When I applied to the JAC for my full time role there were around 400 of us applying for just 20 or so positions. Shortlisting was by way of a written qualifying test. I knew we were likely to be asked questions about magisterial law and practice - rules of evidence, hearsay, endorsements, all those technical points that you need. So as far as I was concerned the best way to prepare was to get the books out.

I thought very carefully about my references too. I didn't know any QCs particularly well and I didn't know any judges either. I'll be honest, I come from Slough and I wasn't sure people like me became judges. In the end, I chose a head teacher at the school where I was a school governor, a Crown Prosecutor who I used to regularly spar against and a partner at another firm in town who knew my work well.

Recently, the JAC sent a form to me, seeking a reference for someone. Would you believe, I didn't even know the applicant? So, do approach your referee first, and tell them you're applying. If it's a member of the judiciary, do remind them of all those difficult points you raised in front of them and how eloquently and politely you disagreed with them on the day. There is nothing wrong in jogging memories as the reference will only be worthwhile if it is backed up by examples.

And look at an application form now, don't wait for a competition; you can find one on the JAC website. Start thinking about the examples you can give to show you meet the necessary qualities and abilities. Ideally, you should have been thinking about this long before the day the JAC announce the competition is open for application. You should have already taken the time to have visited the court or tribunal where you want to apply - or undertaken some relevant judicial shadowing to see how it works.

My final piece of advice would be to apply for something you have a real passion for and are going to enjoy doing."

Rabinder Singh

Rabinder Singh was appointed to the High Court (Queen's Bench Division) in 2011. Previously he was a Deputy High Court Judge (Administrative Court), Recorder (Crown Court), and a barrister (QC), who specialised in public and human rights law. He was an academic and is also an author.

High Court judges assigned to the Queen's Bench Division usually sit in London, but they also travel to major court centres around the country. They try serious criminal cases, important civil cases and sit in the Court of Appeal (Criminal Division). The Queen's Bench Division deals with general common law claims, including contract and tort, and libel, and includes specialist courts: the Commercial Court, the Admiralty Court and the Administrative Court, in which Mr Justice Singh sits.

Case Studies

28

"The variety of the work was one of the attractions of being appointed to the Queen's Bench Division. In this type of work you need to have an interest in the law as sometimes you will be dealing with difficult points of law. You also need to be interested in the variety of work and the practical issues that can arise in trials. There are sometimes urgent and interim applications. You have to be prepared to do out of hours work and to think quickly in a practical way.

"I considered becoming a judge only after I had taken silk. I started to become interested in the idea of becoming a Recorder as I liked the idea of doing both criminal and civil work. At that time, under the system before the JAC was set up, I received a letter from the Lord Chancellor's Office asking me to sit as a Deputy High Court Judge. I then also applied to become a Recorder and was successful in a competition which was run at that time by the Lord Chancellor's Department.

"If you decide to apply for a judicial post you need to give very careful thought to your application form. There is not a lot of space in which to demonstrate evidence of how you satisfy the criteria for appointment. You need to support your application with specific and real examples from your experience of the law and of life more generally. You also

need to think carefully about your referees. I decided to nominate people who could evidence the variety of my work - a number of judges, a solicitor and a senior barrister. I also gave a lot of thought and preparation to the presentation I was asked to do as part of the interview, reading widely and thinking about current issues in the legal world.

"The process was fairly quick as far as the JAC was concerned - it was advertised in March 2010 and I was informed that my name had gone forward to the Ministry of Justice in July.

"There has been an increase in the number of black and minority ethnic judges appointed to the High Court under the JAC. I do not think there are any quick fixes. The most important thing is that appointment must be on merit only. I believe there are some very talented people out there in the professions from many different backgrounds who will be appointed if they are given the opportunity to show their skills and abilities. There needs to be more of what is currently going on - outreach events and encouragement. I hope this will enable a critical mass to develop over time. Every applicant helps. As people see numbers increase, they become more confident that the system is working and it is fair and this will generate more applications in the future."

Case Studies

29

Common Myths

30

Common Myths

31

Below are the main selection exercises the JAC is asked to run by the Ministry of Justice, and howfrequently they are expected to arise.. Successful candidates for judicial office often plan theirapplications a year or even two years in advance, to give themselves time to prepare.

Please note that dates and titles of these are liable to change, according to requirements.

Check the JAC’s website, http://jac.judiciary.gov.uk, regularly for details, or sign up to email alerts.

Forthcoming competitions

Courts

Fee-paid posts:

n Deputy District Judge (Civil): Expected frequency - every two years

n Deputy District Judge (Magistrates' Courts): Expected frequency - every two years

n Recorder: Expected frequency - every two years

Salaried posts:

n District Judge (Civil): Expected frequency - annually

n District Judge (Magistrates' Courts): Expected frequency - annually

n Circuit Judge: Expected frequency - annually

n Senior Circuit Judge: Expected frequency - three times a year

n High Court: Expected frequency - annually

Forthcoming Competitions