§ Lord Patten
asked Her Majesty's Government:
Further to the Written Answer by the Lord Chancellor on 28 July (WA 114), why they will not bring forward legislation to permit claims for negligence against judges; and why they think that this is unnecessary. [HL3814]
§ The Lord Chancellor (Lord Irvine of Lairg)
In the Government's view, any such legislation would improperly undermine the principle of judicial independence and adversely affect the certainty of the legal process. It would be for the courts to consider and if appropriate review the common law principles which have been established in the existing case law in this area.