Disclosure of bench memoranda prepared by judicial assistants

• Author: Rory White
• Position: B.L., former Judicial Researcher in the Judges' Library
• Pages: 153-159

DISCLOSURE OF BENCH MEMORANDA

PREPARED BY JUDICIAL ASSISTANTS

RORY WHITE*

I. JUDICIAL ASSISTANTS AND OFFICE LAWYERS

The English Civil Appeals Office has engaged

judicial assistants since 1997. The judicial assistants work

alongside the office lawyers. Although there are similarities

in the duties of judicial assistants and office lawyers, there

are differences in their functions and terms of employment.

Judicial assistants are either trainee solicitors or

barristers in pupilage. Their firms or chambers second them

to the Court of Appeal for a period of time on either a full or

part-time basis. Judicial assistants are assigned to a Lord or

Lady Justice, and work closely with him or her during their

appointment. The nature of the judicial assistant’s role varies

according to the requirements and style of each individual

Lord or Lady Justice but their primary responsibilities are to

highlight important issues in forthcoming cases, carry out

research and write opinions on legal points and to prepare

bench memoranda. Judicial assistants are also encouraged to

spend time observing the Court in action.

The bench memoranda prepared by the judicial

assistants normally consist of a history of the proceedings,

the facts, an indication of the issues on the appeal and any

opinion which the judicial assistant has on the merits of the

appeal. The bench memorandum is provided to each member

of the Court hearing the application. It seems bench

memoranda are especially useful where litigants are not

represented by lawyers. Bench memoranda are not made

available to the parties.

Office lawyers are full-time, permanent members of

the court staff. They are responsible for progressing cases and

2001] Disclosure of Bench Memoranda 153

* B.L., former Judicial Researcher in the Judges’ Library.