Making Decisions Judicially: A Guide for Decision-Makers

Description

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience across England and Wales) guide the readers on the skills required at each stage of a hearing, including: The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Having this book to hand will enable you to make effective and fair decisions that inspire confidence. Foreword by Professor Dame Hazel Genn Contents Contributors Table of Cases Table of Legislation Introduction Who Should Read this Book? Why Read this Book? What is in this Book? 1. Ethics Contents 1.1. Introduction 1.2. Ethics and the Quality of Decision-making 1.3. Why does Ethical Decision-making Matter? 1.4. The Bangalore Principles 1.5. The Guide to Judicial Conduct 1.6. Ethical Considerations and Remote Hearings 1.7. Conclusion 2. Communication and Vulnerable Witnesses Contents 2.1. Introduction 2.2. Communicating Preliminary Information 2.3. Case Management and Interlocutory Directions6 2.4. Protection of Vulnerable Participants 2.5. Ground Rules Hearings 2.6. Communication at the Hearing 2.7. Communication Post Hearing35 2.8. Conclusion 3. Case Preparation and Management Contents 3.1. Introduction 3.2. Recognising and Responding to the Needs of the Individual 3.3. Objectives 3.4. Initiating the Process 3.5. Enforcing Compliance 3.6. Individual Applications and Reviewing Progress 3.7. Conclusion 4. Evidence Contents 4.1. Introduction 4.2. What is Evidence? 4.3. What Evidence is to be Considered? 4.4. The Basic Principles of a Decision on the Evidence 4.5. Taking the Evidence 4.6. Other Forms of Evidence 4.7. The Impact of Evidence 4.8. Assessing the Evidence 4.9. Finding the Facts 4.10. Conclusion 5. A Fair Hearing Contents 5.1. Introduction 5.2. The Right to a Fair Hearing 5.3. The Foundations for a Fair Hearing 5.4. Approaches to Ensure a Fair Hearing 5.5. Special Situations 5.6. Remote Hearings and Fairness 5.7. Closing the Hearing 5.8. Conclusion 6. Making and Communicating the Decision Contents 6.1. Introduction 6.2. Foundations 6.3. Presentation, Style and Expression 6.4. Structure 6.5. The Decision 6.6. Sitting with Others 6.7. The Value and Purpose of a Final Review Conclusion The User The Framework Objectives The Decision-maker Video Hearings Bibliography Index