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.
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