Deputy Judges (Hansard, 20 January 1988)

§ Mr. Adley
To ask the Attorney-General (1) what steps he takes to ensure that deputy judges appointed to hear cases in the High Court do not have, or may not shortly have, direct financial or pecuniary interests in companies with cases which the said deputy judge is appointed to hear in the High Court;
(2) what steps he takes to ensure that deputy judges appointed to handle individual cases are not in any way connected financially with companies, organisations or individuals who are parties in such cases;
(3) if he will take steps to change the rules to ensure that Queen's counsel appointed to act as deputy judges divest themselves of all pecuniary interests which could in any way he connected with any cases on which they may adjudicate.
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§ The Attorney-General
It is not necessary for the Lord Chancellor to take any such steps. It is a fundamental principle of English law that no man can be a judge in his own cause. It is well established that any judge who finds that he has a financial or other personal interest in the case which he is to try shall declare it forthwith and shall take no further part in the proceedings without the express agreement of all parties. If a judge acts as such in a case in which he has a financial interest, his judgment can be set aside unless the parties knew of his interest and accepted him as judge in that knowledge.

§ Mr. Adley
To ask the Attorney-General if he will list those Queen's counsel who are eligible for appointment as deputy judges.

§ The Attorney-General
By virtue of section 9(4) of the Supreme Court Act 1981 all barristers of 10 years' standing or more are eligible to sit as deputy judges of the High Court, whether or not they are Queen's counsel.

§ Mr. Adley
To ask the Attorney-General if he will institute measures to ensure that all Queen's Counsel eligible to act as deputy judges declare all their existing financial interests and such interests as they may shortly be in a position to declare.

§ The Attorney-General
No; it would be neither appropriate nor practical for the Lord Chancellor to seek such a declaration.