Legal system and method - Essay Example

Four Judges heard the case as there were two appeals heard together. They were heard together as they both involved interpretation of section 3 of the Homicide Act 1957. 3. Which judge chaired the bench and handed down the judgment? Write a brief biographical note on this judge, including his later career. What controversial statement did he make about Sharia law, in 2008? Name and date three out-of court-speeches made by this judge. How would you summarise his views on human rights? Lord Phillips CJ chaired and delivered the judgment.

Nicholas Addison Phillips was born in 1938 and had his education at Bryanston School, Blandofrd, Dorset and Kings College, Cambridge. He served in Royal Navy. He was enrolled into the bar in 1962 and started his judicial service as a Recorder in 1982. After his stint as a High Court judge in 1987 and an appeal court judge in 1995, he became a Lord of appeals in 1999 and Master of the Rolls at the Court of Appeal, Civil division in June 2000. During his tenure, he heard appeals of General Augusto Pincohet, former dictator of Chile and ruled that he was not entitled to immunity from extradition.

He presided over well known trials including the appeals from Maxwell brothers and Barlow Clowes, an investment company. He also conducted the BSE enquiry and concluded that a timely action by the government would have prevented the spread of the disease. Known for his simplicity of cycling to court, he is married to Cristylle Marie-Therese Rouffiac and has two children.1,2. During his speech before the London Muslim Council on 3 July 2008, he expressed that he was in favour of Sharia law being introduced in England and Wales provided it did not conflict with the laws of the country or did not result in severe punishments being imposed.

Adding that there had been widespread misconception about Sharia law in England, he advocated that it could be used for alternative dispute resolution forms such as mediation and arbitration besides application of the Sharia law to marriage formalities. He also welcomed introduction of Islamic financial products. 3. Lord Phillip’s three out of court speeches: 1) “The Supreme Court And Other Constitutional Changes In The UK” before “Members Of The Royal Court The Jersey Law Society and Members Of The States Of Jersey “ at The Royal Court St Helier Jersey 2nd May 2008. 2) “Lord Mayor’s Dinner for the Judges” at the Mansion House on 15 July 2008. 3) “Equality before the Law” at East London Muslim Centre on 3 July 2008.

Lord Phillip has said that Human Rights are not hampering the efforts of the government to fight against terrorism. He reminds that Britain has welcomed refugees from all over the world after the World War II to guarantee them protection from violation of their human rights. “The so called 'war against terrorism' is not so much a military as an ideological battle. Respect for human rights is a key weapon in that ideological battle.”4 4. Who was the second ranking judge in the case? What was his role at the time?

What is his job now? Write a brief biographical note on him. What is his special relationship with Kingston University? Name and date three out-of-court speeches made by this judge. What is his reputation on sentencing? Second ranking judge was Justice Poole. Sir David Anthony Poole was born on 8 June 1938 and died on 18 June 2006 shortly