Kearney v Her Majesty’s Advocate: PC 6 Feb 2006

(High Court of Justiciary Scotland) The Board considered the assessment of the independence of a judge.
Held: Lord Carswell said that independence has a separate significance, apart from ensuring impartiality between the parties to the cause, for it is also required to protect the judge from dependence upon, and against interference by, the Executive, whether the latter is a party to the litigation or not.
Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood
[2006] UKPC D1, [2006] HRLR 15, 2006 GWD 15-284, 20 BHRC 157, 2006 SLT 499, 2006 SCCR 130
Bailii
Scotland
Cited by:
CitedMisick and Others v The Queen PC 25-Jun-2015
Turks and Caicos – The appellants, a former Chief Minister and others, faced a trial on charges of corruption. They objected that the Justice set to hear the case had insufficient security of tenure to guarantee independence, and that the same judge . .

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Updated: 28 January 2021; Ref: scu.238742