Specialist Mercantile Judge

NORTH EASTERN CIRCUIT (GROUP 5)

Guide for Applicants

Contents

1. Introduction
   Part 1
   Part 2
   
   

Part 1

2. General information
   Obtaining the application form
   Delivery of the application form and deadline
   Acknowledgement of an application
   Confidentiality
   Equal opportunities
   
   
3. Eligibility requirements
   Nationality
   Health
   Character
   Offences
   Disciplinary proceedings
   
   
4. Selection criteria
   Knowledge and experience
   Skills and abilities
   Personal qualities
   
   
5. The application process
   Completing the application form
   Consultation
   Interviews and appointments
   The Lord Chancellor's decisions
   The Commission for Judicial Appointments
   
   

Part 2

Contact Details

Eligibility Requirements for this post

Job Description(s) and Note on Jurisdiction

Outline Terms and Conditions of Service

List of Automatic Consultees

Sample Assessment Form

Timetable

1. Introduction

A vacancy exists for the post of Mercantile Judge to sit on the North Eastern Circuit. The North Eastern Mercantile Judge is responsible for running the the Leeds Mercantile Court and the Newcastle Mercantile Court. There are three Specialist Judges on the North Eastern Circuit who work as a team to deal with Chancery and Mercantile actions. The Mercantile Judge spends most of his time hearing Mercantile actions but may also hear Chancery actions, including companies court matters. Other Mercantile Actions are heard by the Circuit Chancery Judge and by the third Chancery / Mercantile Judge. The post is at Circuit Judge level and will carry the designation of Mercantile Judge. As a specialist post, remuneration will be in Group 5, equivalent to that for a Senior Circuit Judge.

The appointee should also expect to undertake other appropriate civil work that may involve siting in the Technology and Construction Court, or the Queen's Bench Division of the High Court, but may also involve sitting to hear a variety of non-specialist cases tried in the County Court. A detailed Job Description is annexed to the Guide. This job was first advertised in April 2003.

The purpose of this Guide is to assist applicants who wish to apply for this post. It is arranged in two parts.

Part 1
This provides general information. It outlines the criteria applicants must satisfy before the Secretary of State and Lord Chancellor will consider recommending them for appointment. It also explains the procedures, outlining how the Secretary of State and Lord Chancellor will obtain and consider comments from consultees, to help him determine whether an applicant has met the criteria to a degree that would merit appointment. It also gives important advice about making an application and describes the consultation and interview processes.

Part 2
This contains annexes about the specific competition. In particular, this includes contact telephone numbers and e-mail addresses, the timetable for the competition, eligibility requirements, the job description, notes on the particular vacancy, and outline terms and conditions for appointment.

These notes contain information to help applicants to make an application. They are for the guidance of all applicants and should be read before an application form is completed, regardless of whether an application form has been completed in the past. Any questions should be addressed to those listed on the contact details sheet.

Part 1

2. General information

Obtaining the application form

The application form for the competition can be obtained by downloading it from the dca website, www.dca.gov.uk or by contacting one of the staff listed under the competition branch name in the second part of this guide, under contact details. E-mail addresses and telephone numbers can be found there. Applicants should make contact with them if they need the form and/or guide in large print, Braille, or on cassette.

Delivery of the application form and deadline

All application forms must be returned by e-mail or post to:

Applications sent by post must be accompanied by three copies.

The closing date for receipt of applications is Friday 9 January 2004.

Applications received after the closing date will not normally be accepted. Exceptionally, where it would benefit the competition, late applicants may be accepted, or sought.

Applications will be accepted at any time before the relevant closing date, but no action, other than acknowledgement, data inputting and preparation of papers for sifting purposes will be taken until after the closing date.

Applications may be delivered by hand to Reception on the ground floor of MWB Business Exchange at 10 Greycoat Place or sent by post or by e-mail. If the application is sent by post, sufficient time must be allowed for the application to be delivered before the deadline. We regret that the Department is unable to accept letters on which excess postage is due and any such letters will be returned to the sender unopened.

The applicant must sign all hard copy application forms submitted. Those forwarded by e-mail require the applicant to certify on the application form that the typed 'signature' is intended to be a signature, and make a declaration on the form as to the truth of the document.

Acknowledgement of an application

Applicants should receive an acknowledgement within 10 working days of the receipt of their application by the Department. The branch that is running the competition may be contacted, either by telephone or e-mail as set out in the second part of this guide, if the receipt does not arrive in time.

Applications sent by e-mail should be acknowledged electronically as a matter of course. If an acknowledgement is not received within 3 working days, applicants should telephone to check that the e-mail has been received. It is also advisable for applicants to retain an electronic copy of the sent mail and, if possible, to set their computer to show that the message has been received and opened.

Confidentiality

The Department for Constitutional Affairs may wish to use the information which applicants provide for purposes that may not directly relate to the application for the judicial post. Any additional use of this information will, however, only be such as will be compatible with the purposes contained in its Data Protection Act Notification (no. Z 5679958). This may be seen in the Data Protection Register on the website of the Office of the Information Commissioner at www.dataprotection.gov.uk. Alternatively, a copy may be obtained by writing to the Office of the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Equal Opportunities

TThe Secretary of State and Lord Chancellor will appoint, or recommend for appointment to each judicial office, the applicant who appears to him to be best qualified, regardless of ethnic origin, gender, marital status, sexual orientation, political affiliation, religion or disability. The Secretary of State and Lord Chancellor is committed to equality of opportunity in the appointments process for all those who are eligible for judicial office. He encourages and welcomes applications from women, ethnic minority, and disabled individuals. The Secretary of State and Lord Chancellor pays no regard to sexual orientation and has made it clear that homosexuality is not a bar to appointment.

The Secretary of State and Lord Chancellor encourages disabled people to apply for judicial appointments and where a disabled person does apply, they are assessed on their merits against the relevant criteria for appointment. Any matters relating to reasonable adaptations to the working environment that might be required are considered separately.

Further details about the Secretary of State and Lord Chancellor's policies and procedures on equality and diversity can be found on the Department's website at www.dca.gov.uk or by contacting a member of the Legal and Judicial Services Group on 020 7217 4792.

3. Eligibility requirements

In addition to the requirements listed below, applicants should study the eligibility requirements and job description set out in the second part of this guide, which details those criteria relevant to their particular competition.

Nationality

Applicants need to fulfil one of the following nationality requirements, and must complete a declaration to that effect on the application form. They must:

• be a citizen of the United Kingdom;
• be a citizen of Ireland;
• be a citizen of a Commonwealth country; or
• hold dual nationality, one of which falls in one of the above categories.

Health

Applicants must be able to meet the physical requirements of service. They are requested to make a declaration on the application form regarding any illness which might prevent them from properly carrying out the duties of their judicial appointment. If successful in being called to interview, such details may be discussed with them at that time.

All applicants appointed to salaried posts will be required to undergo a medical examination before taking up appointment.

Character

Applicants should be persons who conduct themselves at all times, both in their professional and personal lives, in a manner which will maintain public confidence in the standards of the judiciary. In particular, applicants will be required to declare the following:

• whether they currently have an Insolvency Voluntary Agreement outstanding, have been adjudged bankrupt, made a composition with their creditors or been sued to judgment for any debt, or whether any such proceedings are pending;
  
  
• whether they have had proceedings brought against them, or paid a penalty or made a composition in respect of failure to pay, or made any other default relating to VAT, Council Tax or any other form of tax, or whether any such proceedings are pending;
  
  
• whether they have ever had an action brought against them for professional negligence, without the matter being dismissed, or whether any such proceedings are pending. In the case of a solicitor, the applicant must state whether a matter has been brought against their firm in respect of a matter under their supervision;
  
  
• whether they have been or are currently subject to the disciplinary process of the Bar, or The Law Society, or any other professional body, in respect of a matter involving the applicant personally or their supervision (including the Bar's and The Law Society's procedures in respect of inadequate professional services or 'shoddy work'), or any other professional body's professional internal complaints procedures, without the matter having been dismissed, or whether any such proceedings are pending;
  
  
• whether allegations about the disciplinary or complaints handling processes of the Bar or of The Law Society have been or are currently subject to investigation by the Legal Services Ombudsman in respect of a matter involving the applicant personally or under their supervision (including the Bar's and The Society's procedures in respect of inadequate professional service or 'shoddy work') without the allegations, insofar as they touch upon the conduct, character or work of the applicant, having been dismissed by the Legal Services Ombudsman;
  
  
• whether they are aware of anything in their private or professional life that would be a source of embarrassment to themselves or to the Lord Chancellor if it became known in the event of appointment to office;
  
  
• whether they have been convicted of or cautioned for any criminal offence, or whether any other such proceedings are pending.
  
  
• The Lord Chancellor views any conviction for driving whilst under the influence of alcohol as very serious and may consider it incompatible with judicial office.
  
  

Offences

As applicants for judicial appointments are not protected by sections 4(2) and 4(3) of the Rehabilitation of Offenders Act 1974, any convictions which would normally be regarded as spent under that Act should be declared in answer to these questions (Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975). Applicants should provide details of all offences, for which they have been convicted or cautioned. Details should include the nature of the offence, date of conviction or caution and the penalty imposed.

Where proceedings are pending, applicants should give details of the offence with which they have been charged and, if known, the date when the case will be heard. It is important that applicants inform the Branch that is running the competition of the outcome of any case concluded whilst their application is under consideration. Similarly, those charged with any offence after submitting their application should inform the Branch immediately. Contact details for the Branch are set out in the second part of this guide.

Disciplinary proceedings

If an applicant has ever had an action brought against them for professional negligence, without the matter being dismissed, or if has ever been subject to the disciplinary process of the Bar or The Law Society, they should provide full details. If such proceedings are pending, the details should be entered on the form and the relevant competition branch should be informed of the outcome. Those against whom an action is brought, or who become subject to the disciplinary process after having submitted their application, should inform the branch immediately.

Applicants are advised that for the purpose of answering question 4.5 'the disciplinary process of the Bar or The Law Society' should be taken to include the Bar's and The Law Society's procedures in respect of complaints about inadequate professional services or 'shoddy work'.

An affirmative answer to any of these questions will not necessarily exclude an applicant from appointment. The Secretary of State and Lord Chancellor will consider each application on its merits, taking into account the seriousness of any relevant matter and the length of time since any relevant incident occurred. Checks will be made with the appropriate bodies before an applicant is offered appointment.

If an applicant is unsure whether they are eligible to apply, they should telephone a member of the branch that is running the competition for assistance. Their telephone numbers can be found in the second part of this guide.

4. Selection criteria

The Secretary of State and Lord Chancellor will have regard to the assessments (which are given to him in confidence) received from judges, members of the professions and others who have been consulted about the individual's qualities and suitability for appointment in relation to the criteria set out below. Applicants will need to demonstrate the following knowledge, skills and attributes in their professional careers and the capacity to develop them further with experience in judicial office. Applicants should consider the criteria in context with the specific job description in the second part of this Guide.

Knowledge and experience

Applicants who are equipped for the post will have attained:

• a comprehensive knowledge and understanding of the Mercantile and Chancery jurisdictions. The successful candidate will also be expected to undertake other appropriate civil work that may involve sitting in the Technology and Construction Court, or the Queen's Bench Division of the High Court but may also involve sitting to hear any of the wide variety of non-specialist cases tried in the County Court; and have
• a comprehensive understanding of the rules of evidence and of court practice and procedure

Practitioners will in addition have attained:

• a high quality of effectiveness and performance as a Recorder;
• a high level of professional achievement and effectiveness in the areas of law in which they have been engaged whilst in professional practice, and/or as a serving part-time judicial office holder (either in the jurisdiction for the post applied for or a related or relevant jurisdiction).

The Secretary of State and Lord Chancellor does not regard advocacy experience as a requirement for appointment to judicial office.

Skills and abilities

Applicants who are equipped for the post will have:

Intellectual and analytical ability, being able to:

• concentrate for long periods of time and to understand and assimilate facts and arguments, and to recall such evidence and information speedily and accurately;
• apply principles to particular facts and to determine from a large body of information those issues and facts that are relevant and important and those that are not;
• weigh relevant issues and matters of law in order to be able to formulate them for reasoned and coherent presentation either to a jury, in discussion with other tribunal members or in giving judgment;
• rapidly assimilate and apply new areas of law, evidence, practice and procedure.

Sound judgement, having the ability to:

• exercise discretion effectively;
• apply his or her knowledge and experience to make decisions in compliance with the law and appropriate to the circumstances of the matter in hand;
• consider and marshal facts and competing arguments and reason logically to a correct and balanced conclusion.

Decisiveness, having the ability to:

• reach firm conclusions (often at speed);
• think, decide and act independently of others, and to rely on their own judgement (in due consultation with other members of a panel where appropriate).

Communication and listening skills, being able to:

• communicate effectively with all types of court and tribunal user, including lay people (whether defendants, witnesses, victims, members of a jury, litigants in person or children);
• elicit from all parties the facts relevant to the issues in question;
• give instructions, listen actively and attentively, explain complex issues and contribute to, or give decisions or judgments clearly, concisely and promptly, whether orally or in writing.

Authority and case management skills, being able to:

• command the respect of court users and maintain fair-minded discipline in the court/tribunal and in chambers without appearing pompous, arrogant or overbearing;
• manage cases actively and promote the expeditious dispatch of business, handling people effectively to prevent unnecessary repetition and irrelevance, whilst ensuring that all participants (whether represented or not, and including children) are able to present their case or their evidence as fully as possible.

Personal qualities

Applicants who are equipped for the post will possess the following personal qualities:

Integrity and independence, being able to show:

• a history of honesty, discretion and plain-dealing with others;
• independence of mind and moral courage, being prepared to take and maintain unpopular decisions when necessary;
• ability to generate the trust, confidence and respect of others.

Fairness and impartiality, being able to:

• be open-minded and objective, having the ability to recognise and discount any personal prejudices;
• deal impartially with all matters which come before them and seek to ensure that all who appear before them have an opportunity for their case to be clearly presented and that it is then considered as fully and objectively as possible.

Understanding of people and society, demonstrated as:

• showing respect and understanding of people (including children) of different backgrounds and sensitivity to the influence of different ethnic and cultural backgrounds on the attitudes and behaviour of people they encounter in the course of their work and lives;
• conveying a real understanding of and sympathy for the needs and concerns of court users, being sensitive and humane.

Maturity and sound temperament, as shown by:

• a maturity of attitude and approach;
• the ability to be firm and decisive while remaining patient, tolerant, good-humoured and even-tempered.

Courtesy:

• being courteous and considerate to all court/tribunal users and staff.

Commitment, conscientiousness and diligence:

• being committed to public service and to the proper and efficient administration of justice, which they will pursue conscientiously, with energy and diligence and a due sense of responsibility.
  
  

• IT Skills

• As there is an increasing use of IT in the courts, candidates must be willing and able to bring themselves up to a level of IT competence in order to carry out their functions effectively.

5. The application process

This section provides guidance on the completion of key questions on the application form. Applicants should note, however, that not every question is covered, as most are self-explanatory.

It is important to note that the Department cannot accept unsigned hard copy application forms and any received will be returned..

Completing the application form

Personal details/address

Applicants should clearly indicate clearly whether they wish any correspondence about their application to be sent to their home or professional address. The Branch running the competition should be notified promptly of any change.

Judicial appointments

When listing any judicial appointments held, applicants should include appointments with dates in England and Wales and in Scotland, Northern Ireland or overseas.

Fees

Income is not a deciding factor and neither is it a criterion for appointment. Income is treated as background information and a very broad indicator of the strength and nature of a candidate's practice. This is set against the criterion of legal knowledge and experience when seen in the context of issues such as the type of work they do, their length of experience, geographical location, career history and whether or not they practise full time.

In most cases fee income remains very much in the background and plays little or no part in the decision-making process; but occasionally it comes more into focus in order to provide a cross-check against other evidence of suitability. On the rare occasions when fee income is looked at in this way, the selection panel will take into account any factors which may have affected income levels. If there are factors that have affected fee levels these should be included on the application form.

Further and higher education and qualifications

Applicants who did not attend either college or university should detail any qualifications obtained elsewhere.

Languages

Applicants should state whether they are proficient in languages, other than English.

Consultation

Information about the ability of a candidate to meet the specific criteria for the post is obtained in writing from those who are in a position to assess the candidate. The aim is to collect comments from those who have knowledge of individuals and their experience and can provide an opinion on their suitability for appointment. No one person's view of a candidate is decisive. A specimen of the form all consultees are asked to complete is attached in the second part of this guide.

All consultees are asked to consider and comment on the extent to which candidates satisfy the criteria for appointment. They are also asked to provide an overall assessment with regard to an applicant's suitability for appointment and to provide a mark in relation to each of the criteria.

1. Very well demonstrated
2. Well demonstrated
3. Demonstrated
4. Insufficiently demonstrated
5. Not demonstrated

They are also asked to provide an overall assessment with regard to an applicant's suitability for appointment and to allocate an overall mark on the following scale:

1. Well fitted for Appointment.
2. Fitted for appointment
3. Not fitted for appointment

Consultees will be approached after application forms are received and before the applications are considered by the sifting panel. The panel will consider the information provided in the application form, together with the assessments of the consultees, in order to decide whether candidates will be invited to interview.

Information about candidates' ability to meet the specified criteria for this post is obtained from nominated and automatic consultees.

The Secretary of State and Lord Chancellor consults senior members of the judiciary before recommending individuals for appointment to the Court of Appeal or the House of Lords. All Supreme Court Judges and Law Lords are consulted on those who have applied for the High Court Bench, and on other leading practitioners and Circuit Judges. The Secretary of State and Lord Chancellor consults the four Heads of Division, together with the Senior Presiding Judge, when considering candidates for appointment to specific posts on the High Court Bench.

Automatic consultees are those who will be approached automatically by Legal and Judicial Services Group for comment in addition to those nominated by the candidate. The automatic consultees are listed in the second part of this Guide. They are asked to assess only those candidates they know well enough to comment.

The Senior Presiding Judge and the Presiding Judges for the North Eastern Circuit will be asked to comment on all the candidates. In addition, for applicants who indicated that they sit or work for at least 40% of their time on other circuits or in other specialisms the appropriate presiding or specialist liaison judge will also be approached automatically.

Limited Visibility to the Consultation Community

It is important to the Secretary of State and Lord Chancellor that no applicant is unfairly disadvantaged by his or her lack of visibility to the usual consultation community (as listed at Annex D). Applicants may wish to explain why they might not be very visible despite the quality of their work. For example, they may practise in a very narrow specialist field or in a narrow geographical area. Conversely, they may practise all over the country and rarely appear before the same judge twice in a given year. Applicants may in the recent past have been appearing overseas in lengthy cases or mainly in European Courts or International Tribunals.

Nominated consultees are [between 3 and 6 ] people that candidates chose to comment on their suitability for this post. It is not necessary to approach nominated referees before naming them. However, as a matter of courtesy candidates should feel free to inform consultees that they have been nominated in the application.

When selecting nominated consultees, it is important to identify the people who can comment most accurately on a candidate's suitability for the specific post. This is of greater importance than the perceived standing held by the consultee [e.g. candidates should not concern themselves if they feel that they cannot provide 'suitable' consultees because they have never appeared in front of a circuit judge]. Candidates should think carefully about their choice of consultees. Although an individual consultee may not be able to comment on all the job criteria, candidates should choose a suitable cross section of consultees so that between them they can comment on the full range of criteria.

Candidates might also wish to consider that it is not helpful to receive comments from anyone with whom a candidate has a close personal relationship, notwithstanding that the consultee might also be known to them professionally. The panel is seeking comments from demonstrably disinterested parties.

Consultees can be chosen from all walks of life and candidates might like to consider contacts from within the following groups

• Members of their profession
• Fellow committee members
• Community Groups
• Voluntary activities
• Employers / managers
• Judges
• Tribunal Members
• Barristers
• Solicitors
• Members of other Professions
• Technical Experts

Candidates may name a retired judge providing he/she retired within the last 12 months (or continues to sit in a part-time capacity).

Candidates should not nominate anyone who is included in the automatic consultee list in the second part of this Guide.

Allegations of misconduct

The Secretary of State and Lord Chancellor has made it clear that he will attach no weight to unparticularised allegations of misconduct. He wishes to consider only specific allegations of misconduct in their full context, including the views of the applicant concerned. If a specific allegation of misconduct is made, his officials will seek the commentator's consent to send details of the allegation to the applicant, to enable him or her to comment on the allegation.

The Secretary of State and Lord Chancellor has emphasised that, if consent is not given to reveal details of any specific allegations of misconduct to the applicant concerned, he will disregard the allegation.

This applies only to specific allegations of misconduct; it does not apply to more general reservations expressed about an individual's professional abilities and qualities. For practical purposes, 'misconduct' refers to conduct which, if the allegation were substantiated, would be regarded by the General Council of the Bar, The Law Society or other professional body (as appropriate) as an infringement of the relevant code of professional conduct and/or might, on the face of it, cause the Secretary of State and Lord Chancellor to consider whether to exercise a power or removal from office, were the person concerned a holder of relevant judicial office.

Self-assessment

This is a very important part of the application form, which provides applicants with the opportunity to assess their own experience and capabilities against each of the criteria described in section 3 of this Guide. Applicants must familiarise themselves fully with the selection criteria and address all the criteria in the self assessment.

If the criteria are not adequately demonstrated in the self assessment, applicants are diminishing their chances of being called to interview.

Applicants cannot rely upon others speaking to their qualities, or to rely upon a number of years' experience.

Applicants are required to provide a self assessment in no more than 750 words. It is important to be concise and relevant. Copies of work should not be attached. Applicants may draw on the full range of experience in their current and past practice, or in other professional/work spheres, voluntary work, interests or personal life [to include sitting judicially if appropriate]. Specific examples should be provided to provide evidence against the criteria, which support assertions and demonstrate abilities. Wherever possible, examples should be provided within the last 3 years, which can be recalled well enough to discuss, if called to interview. Applicants may describe situations that will demonstrate judicial skills (whilst they will not be the same as those encountered in the judicial role); for example, when there has been a requirement to communicate effectively with a variety of people or adjudicate in a situation between opposing views.

Publicity Monitoring Questionnaire

The Secretary of State and Lord Chancellor wishes to ensure that the Department operates an effective advertising policy in relation to judicial appointments. It would, therefore, be appreciated if applicants would complete the Publicity Monitoring Questionnaire included at the back of the application pack. Applicants are not under any obligation to do so and, non-completion will not prejudice any application. This form will be used for statistical purposes.

Disability Monitoring Questionnaire

All applicants are requested to complete a Disability Monitoring Questionnaire at the back of the application pack. Applicants are under no obligation to do so, and non-completion will not prejudice any application. This form will be used for statistical purposes.

Ethnic Monitoring Questionnaire

The Secretary of State and Lord Chancellor wishes to ensure that the judicial appointments process operates fairly and applicants are requested to complete the Ethnic Monitoring Questionnaire at the back of the application pack. Applicants are under no obligation to do so and non-completion will not prejudice any application. This form is used for statistical purposes only.

Interviews and appointments

Interviews

Following the sift of applications, all applicants will be informed in writing whether or not they are invited to interview. Interviews may be held at the offices of the Judicial Group in London, or, for some competitions, across the country. Usually, they will be conducted by a three-member panel consisting of a representative of the Legal and Judicial Services Group, a judicial member and a lay person. Applicants will normally be advised of the names of the panel members before the interview date.

Applicants are requested to indicate on the form at the back of the application pack the dates and times when they do not expect to be available for interview. Those selected for interview are asked to make every effort to make themselves available to attend on the date and at the time indicated. Interviews will last up to one hour. Each panel member will ask questions to enable the panel to assess the extent to which applicants meet the published criteria for appointment. The interview is not a formality; applicants should expect to be asked questions intended to elicit evidence that they are suitable for appointment. There may be a requirement within some competitions for applicants to undergo written legal tests. Applicants will be advised about this when invited to interview.

A typical interview format is:

• Chair ­ Introductions and explanation of interview procedure. Opening questions about the applicant's background, experience and interest in appointment (5-10 mins).
• Judicial member ­ Questions on legal and procedural matters relevant to the post. On some competitions there will be a requirement for the applicant to complete a case study before the interview, and to discuss their conclusions during this section of the interview (15-20 mins).
• Lay member ­ Wider issues to elicit information on the applicant's experience and approach to people and society (10-15 mins).
• Chair ­ Follow-up questions. Health and character questions. Explanation of appointment procedures and training. Invitation to applicant to raise questions (10-15 mins).

Applicants are not expected to have a technical or detailed knowledge of the post for which they are applying. The Secretary of State and Lord Chancellor needs to be satisfied that an applicant has the capacity to cope with the relevant jurisdiction. Applicants should therefore expect questions which will assist the panel in finding out whether they have sound instincts and the right approach to the sort of problems they might face.

Every interview will be recorded on tape solely for the assistance of the interview panel. The tapes will be retained within the Legal and Judicial Services Group for a minimum period of 12 months after the results of the relevant competition have been announced.

TThe Department is not normally able to offer any travel, subsistence or loss of earnings expenses for applicants attending interview.

The Secretary of State and Lord Chancellor's decisions

The views of the interview panel and the comments from the written assessments will be placed before the Secretary of State and Lord Chancellor, having regard to the published criteria for appointment. He will decide personally whom to appoint, or recommend for appointment. All applicants who have been interviewed will be notified of the outcome of their application in writing.

Applicants who are not selected may, subject to continued satisfaction of the eligibility criteria, reapply when future vacancies are advertised. In these circumstances, it will be necessary to complete a new application form when those vacancies are advertised.

The Commission for Judicial Appointments

The Commission for Judicial Appointments, which was established in March 2001, carries out a continuing audit of the judicial and Queen's Counsel appointments procedures, and to investigate complaints of discrimination, unfairness or maladministration in the way the procedures have been applied. Before making a complaint to the Commission, an applicant must have received feedback from the Judicial Group. If, having received feedback, the applicant remains dissatisfied with the way the application has been treated, they may lodge a complaint with the Commission.

The complaint should be set out clearly and concisely in writing, stipulating the grounds for the allegation/s of unfairness, discrimination or maladministration, and sent to:

All applicants should note that the Independent Commissioners who carry out any routine audit of the judicial appointments and Silk selection systems, or who investigate such complaints, may require access to some or all applicant's files. The Commissioners are required to treat all such information in confidence.

Part 2

ANNEX A

DEPARTMENT FOR CONSTITUTIONAL AFFAIRS
CIRCUIT BENCH TEAM CONTACT DETAILS

Responsibility

Officials within the Circuit Bench Branch of Judicial Appointments Directorate administer Specialist Circuit Judge competitions on behalf of the Secretary of State and Lord Chancellor.

Any member of the Branch will be able to provide general guidance relating to Specialist Circuit Judge posts. For specific information relating to the post of Specialist Mercantile Judge to sit on the North Eastern Circuit (Group 5) should contact John Bancroft who will be running the competition.

Contact Information

To obtain copies of an Application Form for appointment to the office of Specialist Mercantile Judge to sit on the North Eastern Circuit (Group 5), see the detailed instructions on page 4 of this Guide.

Enquiries relating to your application should be directed as below:

ANNEX B

ELIGIBILITY REQUIREMENTS FOR THIS POST

Circuit Judges are appointed by The Queen on the recommendation of the Secretary of State and Lord Chancellor. The statutory qualification (s.16(3) of the Courts Act 1971 as amended by Sch. 10 of the Courts and Legal Services Act 1990) is to:

be a serving Recorder (but see paragraph 2b below);

have a 10 year Crown Court or 10 year county court qualification within the meaning of s.71 of the Courts and Legal Services Act 1990 (i.e. a right of audience in relation to all proceedings in the Crown Court or in county courts);

have held as a full-time appointment, for at least three years, one of a number of offices listed in Part 1A of Schedule 2 to the Courts Act 1971 as inserted by sch.10 of the Courts and Legal Services Act 1990.

Applicants should, in addition meet the following requirements:

Service as a Recorder
It is the Secretary of State and Lord Chancellor's general policy that, before being considered for any full-time judicial post, a candidate must have served as a Recorder or held a similar post in a part-time capacity for long enough to establish his or her competence and suitability. For the office of Circuit Judge, the Secretary of State and Lord Chancellor will normally consider only applicants who are Recorders and who will have served in that office for at least two years on 29 March 2004.

Queen's Counsel
The Secretary of State and Lord Chancellor considers Queen's Counsel as a working rank. Newly appointed Queen's Counsel will therefore normally only be considered for full-time judicial office after they have practised at that rank for at least two years.

Age
The Secretary of State and Lord Chancellor does not apply minimum age limits for applicants for the post of Senior Circuit Judge. The statutory retirement age for this post is currently 70 and office-holders need to complete at least 5 years' service in a full-time position to qualify for a pension. Applicants are referred to Annex D for further information.

Physical requirements
Applicants must be able to meet the physical requirements of service in the office of Circuit Judge. In particular, they should have satisfactory sight and hearing (with technological assistance if required) and should also be able to sit and to concentrate for long periods of time. The Secretary of State and Lord Chancellor encourages disabled people to apply for judicial appointment and where an application is received, the person is assessed on their merits against the relevant criteria for appointments. Any matter relating to reasonable adaptations to the working environment that might be required are considered separately.

Residence

Applications are welcome from practitioners on any Circuit. However, any offer of appointment will be conditional on the Secretary of State and Lord Chancellor being satisfied that the candidate will make plans to be able to travel daily to the Leeds and Newcastle Court Centres, and that their journey to the courts will be reasonable. They should also be able to attend at Manchester and at the Royal Courts of Justice in London for short periods as required without undue difficulty as part of their agreed itinerary.

Disqualification

Specialist Circuit Judges are precluded by statute from serving concurrently as Members of Parliament etc. A Circuit Judge is expected to submit his resignation to the Secretary of State and Lord Chancellor in the event of nomination or elections as a prospective candidate for election to Parliament, the Scottish Parliament, the Welsh Assembly or to the European Parliament. The Secretary of State and Lord Chancellor should be consulted if doubt arises about any particular circumstances.

Applicants are asked to satisfy themselves that they meet the eligibility requirements set out in this chapter. However, where it is indicated that a particular qualification is "normally" required, the Secretary of State and Lord Chancellor may relax that requirement in individual cases in the light of exceptional circumstances. Applicants who wish to be considered in this way are asked to explain any such exceptional circumstances on a separate sheet and submit it with their application form(s).

If you are unsure whether or not you are eligible to apply, please telephone a member of the Circuit Bench Branch, who will be able to assist you. Their contact details can be found at Annex A of this Guide.

ANNEX C

APPOINTMENT TO THE OFFICE OF SPECIALIST CIRCUIT JUDGE TO SIT ON
THE NORTH EASTERN CIRCUIT (GROUP 5)

JOB DESCRIPTION

»   Purpose of Office

A vacancy exists for the post of Mercantile Judge on the North Eastern Circuit. The post carries the responsibility for running the Leeds Mercantile Court and the Newcastle Mercantile Court. There are three Specialist Judges on the North Eastern Circuit who, working as a team, deal with Chancery and Mercantile actions. The Mercantile Judge spends most of his time hearing Mercantile actions but also hears Chancery actions, including companies court matters. Other Mercantile actions are heard by the Circuit Chancery Judge and by the third Chancery / Mercantile Judge.

The appointee can expect to sit most of their time in Leeds but will be required to sit for a significant part of their time in Newcastle, as the work requires. Specialist Circuit Judges are encouraged to sit for periods at the Royal Courts of Justice and Specialist Judges on the North Eastern Circuit sometimes sit in Manchester.

The appointment will be to the office of Circuit Judge and it will carry with it the designation of the appointee as a Mercantile and as a Chancery Judge. The Secretary of State and Lord Chancellor will authorise the appointee to sit as a Judge of the High Court under section 9 of the Supreme Court Act 1981. The existing specialist judges are also designated as judges of the Technology and Construction Court. Remuneration will be that of a Senior Circuit Judge, namely in Group 5.

If insufficient Mercantile and Chancery work is available the appointee will be expected to undertake other appropriate civil work that may involve sitting in the Technology and Construction Court, or the Queen's Bench Division of the High Court but may also involve sitting to hear any of the wide variety of non-specialist cases tried in the County Court. A job description for the office of Circuit Judge forms part of this Annex.

»   Jurisdiction

Circuit Chancery and Mercantile Judges sit as High Court Judges appointed by the Secretary of State and Lord Chancellor under section 9 of the Supreme Court Act 1981. Mercantile actions are specialist proceedings within Parts 49 and 59 of the Civil Procedure Rules. The work is varied and frequently involves both legal and factual issues of some interest and complexity. The Chancery District Registries in Leeds and Newcastle have full jurisdiction to deal with all types of Chancery actions and applications with the exception of patent and revenue actions.

A separate note entitled "Circuit Judges (Group 5) - Outline of Terms and Conditions of Service" may be found at Annex D.

»   Main Activities

The main activities of the Mercantile Judge are as follows:

The main activities of the Circuit Mercantile Judge in relation to Chancery matters are as follows:

»   Other responsibilities

Keeping abreast of legal developments

Chancery and Mercantile Judges need to keep abreast of legal developments in their fields. This entails a substantial amount of reading not directly connected with the cases they are trying.

Other judicial and public duties

The work of both a Mercantile and a Chancery Judge currently involves a good deal of administrative work. However, the administration of the Mercantile Court is likely to be reviewed with the aim of making the listing more flexible along the lines of the service offered by the Commercial Court.

Great importance is attached to publicising the service provided by the Mercantile Courts in Leeds and Newcastle; ensuring that the Courts secure and retain the confidence of the local commercial community and in particular commercial solicitors and members of the specialist bar. Accordingly key responsibilities of the Circuit Mercantile Judge will be to continue the development of the business of those Courts, to ensure that those continues to meet the needs of the business community and to establish and maintain good relations with practitioners using the Courts. Holding meetings of the Mercantile Court Users' Groups is part of this process.

The Mercantile Judge will also liaise with the senior judge at Leeds in the performance of these duties and take a full professional part in the judicial life of the Circuit.

»   Appointee

Desirable background

The appointee should ideally have a sound background in shipping and insurance law so that the Mercantile Court can start the simpler shipping, transport and insurance cases (some of which have an international element), and so that the work may be transferred from the Commercial Court. As this will include international work, the appointee should be someone who can command the necessary confidence to attract this work.

When undertaking the general work of the courts, the appointee will be acting in his or her capacity as a Circuit Judge according to the Job Description for that post.

JOB DESCRIPTION - CIRCUIT JUDGE

Purpose of Office

The purpose of all judicial office is to administer justice in accordance with the laws of England and Wales.

Circuit Judges swear the judicial oath (or affirm) that they "will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the Office of a Circuit Judge and do right to all manner of people after the laws and usages of this Realm without fear or favour, affection or ill will".

Jurisdiction

Circuit Judges sit throughout England and Wales at approximately 90 locations of the crown court and at about 230 county courts. Circuit judges are assigned to a particular circuit and may sit at any of the crown or county courts on that circuit. Sittings arrangements, which are determined by the circuit administrator in consultation with the presiding judges, stand to vary from time to time depending on the needs of the business.

The jurisdiction of a circuit judge is summarised in the following pages. Circuit judges normally sit in both criminal and civil work, though a few may be appointed for more specialised posts. Some judges are specifically authorised to hear public and/or private law matters within the family jurisdiction.

Main Activities

The main activities of a Circuit Judge are as follows:

Reading and assimilating case papers before a hearing, or the trial, commences ­

In the Crown Court:

Conducting preliminary hearings to identify and to determine procedural issues.

Playing an active role in determining the way in which the case is to be handled and, as appropriate, managing its progress from committal to sentence.

In the county courts:

The court is required to further the overriding objective of the new case management procedures by actively managing cases. Active case management includes ­

• Encouraging the parties to co-operate with each other in the conduct of the proceedings.
• Identifying the issues at an early stage.
• Deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others.
• Deciding the order in which issues are to be resolved.
• Encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure.
• Helping the parties to settle the whole or part of the case.
• Fixing timetables or otherwise controlling the progress of the case.
• Considering whether the likely benefits of taking particular step justify the cost of taking it.
• Dealing with as many aspects of the case as it can on the same occasion.
• Dealing with the case without the parties needing to attend at court.
• Making use of technology.
• Giving directions to ensure that the trial of a case proceeds quickly and efficiently.

Presiding over court proceedings

Controlling (in accordance with the relevant law and practice) the manner in which cases are conducted:

• ensuring that parties are on an equal footing, and that, whether represented or not, they are enabled to have their cases presented, and have them considered, as fully as fairly as possible;
• promoting in each case the most expeditious dispatch of business compatible with the interests of justice;

In the Crown Court:

Summing up to a jury.

In the county courts:

Dealing with the case in ways which are proportionate ­

• to the amount of money involved;
• to the importance of the case;
• to the complexity of the issues; and
• to the financial position of each party -
• and allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

Maintaining the authority and dignity of the Court.

Deciding issues of law and procedure which may arise during a case.

Sentencing

In the Crown Court:

Sentencing convicted defendants (including persons committed for sentence from the Magistrates' Courts) according to the law and the circumstances of the case.

Judgment

In the county courts:

Deciding actions by finding facts, applying the relevant law to them and giving a reasoned judgment.

Determining contested applications, contested divorce petitions and other issues by consideration of the papers and evidence presented at any hearing and making findings of fact, applying the relevant law and, where appropriate, giving a reasoned judgment.

Assessing and awarding damages and costs, deciding the amount and manner of payment, making possession orders and punishing for contempt or breach of court orders.

Making orders for adoption, and the protection, care and supervision of children (Designated Family Judges and Nominated Care Judges only in public law cases under s.8 of the Children Act 1989).

Making orders relating to property and maintenance.

Supervising the wording of the judgments and orders of the Court.

Appeals

In the Crown Court:

Hearing appeals from the Magistrates' Courts (with lay justices).

In the county courts:

Hearing appeals from District Judges.

Other work

Other duties include, for example -

• Assessing costs and reviewing detailed assessments;
• Determining applications for permission to appeal.

In the Crown Court:

Dealing with bench warrants.

Hearing bail applications.

In the county courts:

Granting certificates to certificated bailiffs.

Other Responsibilities

Keeping abreast of legal developments

Circuit Judges need to keep abreast of legal developments. This entails a substantial amount of reading not directly connected with the cases which they are trying.

Circuit Judges attend Judicial Studies Board refresher seminars, and circuit-based events such as sentencing conferences.

Other judicial and public duties

One Circuit Judge acts as Resident Judge at each Crown Court Centre, overseeing the disposal of judicial business and listing at that Centre, offering support and guidance to the full-time and part-time judiciary at that Centre and providing links between them and (a) the Presiding Judges and (b) the administration.

Some Circuit Judges may act as the Senior Circuit Judge for the county courts in a certain area.

Some Circuit Judges sit as judges of the High Court under s.9 of the Supreme Court Act 1981.

Some Circuit Judges preside over Mental Health Review Tribunals, or act for a period as Presidents of other Tribunals.

Designated Family Judges chair Family Court Business Committees and Family Court Forums and liaise with representatives of other agencies of the family justice system including justices' clerks.

Designated Civil Judges have general oversight of, and responsibility for, the conduct of non-family civil business at the courts within their court group.

Some Circuit Judges may from time to time undertake a variety of other public duties, e.g.:

NOTES ON THE JURISDICTION OF THE CIRCUIT JUDGE

The Crown Court

1. The Crown Court has exclusive jurisdiction in trials on indictment.
   
   
2. The Crown Court also sentences persons convicted by Magistrates' Courts but who are committed to the Crown Court because the Magistrates are of the opinion that a more severe sentence may be called for than they have power to pass.
   
   
3. The Court also has an appellate jurisdiction which comprises mainly appeals from Magistrates' Courts in criminal and some civil matters and Youth Court proceedings. Many of the civil appeals relate to licensing and betting and gaming cases.
   
   
4. In the Crown Court, cases are classified into 4 classes under directions made by the Lord Chief Justice. Those in classes 1 and 2 are nominally reserved for trial by High Court Judges. In class 1, however, some cases of murder, or of incitement, attempt or conspiracy to commit murder, may be tried by authorised Circuit Judges, whilst in class 2, the great majority of offences, other than piracy, mutiny, sedition and offences under the Geneva Convention, are tried by authorised Circuit Judges. Class 2 includes most serious sexual offences, along with manslaughter and child destruction.
   
   
5. The majority of fraud cases are tried by Circuit Judges; some may be allocated to High Court Judges.
   
   
6. All other offences are either automatically listed for trial by Circuit Judges, Recorders or Assistant Recorders or are normally so listed unless a particularly difficult case is specially reserved for trial by a High Court Judge. When trying a case in the Crown Court, the Circuit Judge has the full range of powers, by way of sentence or otherwise, fixed by statute or at common law, in relation to particular offences.
   
   
7. In relation to offences tried on indictment, the right of appeal lies against conviction or sentence from the Crown Court to the Criminal Division of the Court of Appeal, subject to leave. The right of appeal in appellate matters lies by way of case stated to the Divisional Court of the Queen's Bench Division.
   
   

The County Courts

8. The jurisdiction of the county courts is entirely statutory and covers almost the whole field of civil and family law. The general jurisdiction in civil law is mostly concurrent with that of the High Court.
   
   
9. A number of statutes confer exclusive jurisdiction on the county courts. These cover important areas of work of the county courts, for example virtually all cases under the Consumer Credit Act, actions by mortgage lenders for possession and actions by landlords under the Rent Acts and the Housing Acts 1985 and l988.
   
   
10. Since 1 July 1991 the concurrent jurisdiction has been substantially increased by orders made under the Courts and Legal Services Act 1990. In common law cases, basically tort including personal injuries, debt and other breaches of contract, there is no monetary limit on the jurisdiction of the county courts.
    
    
11. In equity proceedings the monetary limit is currently £30,000. The county courts have unlimited jurisdiction in applications under the Inheritance Act 1975 and s. 30, s. 146 and s. 147 of the Law of Property Act 1925. In Companies Act cases the jurisdiction covers cases where the total paid up share capital of the company is less than £120,000.
    
    
12. In addition to the general jurisdiction, about 80% of county courts have jurisdiction in insolvency. A few Circuit Judges in a small number of courts also exercise specialist jurisdictions under, for example, the Race Relations Act 1976.
    
    
13. In family law the jurisdiction is similarly divided either by statute or practice direction. In some matters, such as adoption, the county courts have concurrent jurisdiction with the High Court. In other matters county courts have exclusive jurisdiction, e.g. virtually all divorce proceedings.
    
    
14. The county courts share jurisdiction with the High Court and the Family Proceedings Court in applications under the Children Act 1989, the work being dealt with at the appropriate level pursuant to allocations directions. In the county courts where such applications relate to public law cases such as care and supervision orders they are heard by designated Circuit Judges sitting at Care Centres and all directions in such matters are dealt with by designated District Judges sitting at the Care Centres.
    
    

The High Court and Court of Appeal

15. In addition to the concurrent jurisdiction of the county courts and the High Court mentioned above, under Section 9 of the Supreme Court Act 1981, a Circuit Judge may be invited to sit as a judge of the High Court to provide flexibility in the disposal of High Court business. Where a Circuit Judge sits in the High Court he or she possesses all the powers of a High Court Judge. The most experienced Circuit Judges may be authorised to sit in the Court of Appeal (Criminal Division) by virtue of section 9 of the 1981 Act (as amended by section 52 of the Criminal Justice and Public Order Act 1994).
    
    

ANNEX D

SPECIALIST CIRCUIT JUDGE (GROUP 5)
OUTLINE OF TERMS AND CONDITIONS OF SERVICE

General

1. The following is a summary of the basic terms and conditions of service. Fuller details, including the conditions of appointment, will be supplied to candidates who are offered appointment.
   
   

Prohibition on practice

2. A Circuit Judge shall not practise as a barrister or solicitor or be indirectly concerned in any such practice (s75, Courts and Legal Services Act 1990). The Lord Chancellor also regards a judgeship as a lifetime appointment. Any offer of appointment is therefore made on the understanding that appointees will not return to practice.
   
   

Salary, income tax and national insurance

3. The salary of a Specialist Circuit Judge (Group 5) is £119,160. It is paid out of the Consolidated Fund. Income tax, which is payable under Schedule E, is deducted at source in accordance with PAYE arrangements. A Circuit Judge is classed as an "employed earner" for National Insurance purposes and is liable for Class 1 contributions, which are deducted from salary together with income tax. Since the judicial pension scheme has been contracted out of the state pension scheme, contributions are payable at the lower, contracted-out, rate. Liability for National Insurance contributions ceases at age 65 (men) or 60 (women) even if service continues thereafter.
   
   

Pension Terms

4. Circuit Judges' pensions are determined in accordance with the provisions of the Judicial Pensions and Retirement Act 1993. Although membership of the judicial pension scheme is automatic on appointment, it is not compulsory and a judge may opt out. Under the Judicial Pensions and Retirement Act 1993, an immediate pension is payable at age 65, provided a judge has completed at least 5 years' service. The annual rate of the pension will be 1/40th of a judge's pensionable pay multiplied by the length of service in qualifying judicial office (expressed in years and fractions of a year) subject to a maximum pension equal to one-half of pensionable pay after 20 or more years' service. An actuarially reduced pension is payable immediately where a judge retires, having completed at least 5 years' service, after attaining age 60 but before age 65. Where a judge is obliged to retire on health grounds before attaining age 65, his or her service will be enhanced by a period equal to one-half of the service he or she would otherwise have served from the day following retirement to his or her 65th birthday.
   
   
5. In addition to the pension, a lump sum (taxable above the level of the Inland Revenue "pension cap") equal to 2.25 times the annual rate of that pension is payable. There is a spouse's pension at the rate of one-half of the personal pension accruing or in payment at the time of death and provision for a children's pension. In the event of death in office, there is provision for a death benefit equal to twice the amount of a judge's pensionable pay. Contributions towards spouses' and children's pensions are compulsory for all Circuit Judges and take the form of monthly payments of 3% of pension-capped salary. No income tax is payable on these contributions. Pensions already in payment are subject to increases under the Pensions (Increase) Act 1971.
   
   

Sitting days and holidays

6. The Lord Chancellor considers it essential, in particular because of the burden of work on the courts and tribunals, for Circuit Judges and members of the judiciary in general to devote at least 210 days in each year, and perhaps more, to the business of the courts. In order to ensure that this can be achieved, notwithstanding any hearings which might be cancelled, he thus expects that the initial plan for any year's work will provide for judges to devote between 215 and 220 days to judicial business.
   
   

Sick leave

7. No adjustment in a Circuit Judge's salary is made during any absence on sick leave. Although nothing is specifically laid down, no limit is placed on the length of any absence, provided there is a reasonable prospect of an eventual return to duty. When a Judge has been on extended sick leave the Lord Chancellor always seeks a medical view of his or her overall health to enable him to establish whether the Judge's health will be damaged by the return to duty and whether he or she will be able to provide full and effective service. In the interests of the efficient disposal of court business, Judges are requested to notify the circuit administration promptly if they are absent on sick leave.
   
   

Tenure

8. Under the provisions of the Judicial Pensions and Retirement Act 1993, a Circuit Judge will normally be required to vacate his or her office on his or her 70th birthday (s26 of the 1993 Act). A Circuit Judge may be removed from office by the Lord Chancellor on grounds of incapacity or misbehaviour (s17(4), Courts Act 1971).
   
   

Residence and travelling etc allowances

9. A Circuit Judge must live within reasonable travelling distance of the courts at which he or she will sit. As elsewhere in the Crown Service, travelling allowances may not be paid for journeys between a judge's home and principal place of work. However, where a judge sits at more than one court, he or she may claim a mileage allowance or the cost of first class rail travel for journeys to courts other than the principal court or courts i.e. to those courts where he or she spends less than 40% of his or her time. A night subsistence allowance is payable where a judge is obliged, by sitting away from the principal court, to stay away from home. Travelling etc allowances are payable in respect of other miscellaneous official journeys.
   
   

Cost of taking up appointment

10. A Circuit Judge is entitled on appointment to a tax-free allowance of £8,486 towards the cost of the purchase of the necessary robes. No assistance is available from public funds towards any costs incurred (e.g. through a move of house) on appointment as a Circuit Judge. Exceptionally, however, a serving Judge promoted to the Circuit Bench is entitled to relocation expenses if, as a result of that promotion, removal of home becomes necessary.
    
    

Relocation allowances

11. When an established judge is asked by the Secretary of State and Lord Chancellor to change his or her sitting arrangements and, because of that change, the judge is obliged to remove his or her family home, he or she may claim a range of relocation allowances. Assistance is not available, however, if the move is arranged at the judge's request and there is, in the Secretary of State and Lord Chancellor's opinion, no significant need for the transfer in relation to the administration of justice.
    
    

Freemasonry

12. Following the Government's response to the Report of the House of Commons Select Committee on Freemasonry in the Police and the Judiciary, a person who has been offered a full-time judicial appointment for the first time is also asked as a condition of appointment whether he or she belongs to the Freemasons, and if not, that he or she notifies the Secretary of State and Lord Chancellor in the event that he or she subsequently joins them. It must be expected that this information will be included in a public register.
    
    

Outside Activities/Company Directorships

13. A full-time judicial office holder should not in any capacity engage in any activity which might undermine, or be reasonably thought to undermine, his or her judicial independence or impartiality. He or she must expect to forgo any kind of political activity and be on his or her guard against circumstances arising and which his or her involvement in any outside activity might be seen to cast doubt on his or her judicial impartiality or conflict with his or her judicial office. A full time judicial officer holding a company directorship is expected to relinquish this on appointment to judicial office. He or she is also expected to submit his or her resignation to the Secretary of State and Lord Chancellor in the event of nomination or adoption as a prospective candidate for election to Parliament, or to the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly or to the European Parliament.
    
    

ANNEX E

SPECIALIST CIRCUIT JUDGE (GROUP 5)

LIST OF AUTOMATIC CONSULTEES FOR THE POST OF
SPECIALIST MERCANTILE JUDGE TO SIT ON
THE NORTH EASTERNCIRCUIT

The Secretary of State and Lord Chancellor has asked that the following senior members of the judiciary be contacted automatically for comments regarding the suitability for appointment to the advertised post of those candidates whose work is known to them:

In addition, for applicants who sit or work for at least 40% of their time on other Circuits, the appropriate Presiding Judges will also be approached automatically, and should therefore not be nominated.

ANNEX F

SAMPLE CONSULTEE ASSESSMENT FORM

ANNEX G

COMPETITION OUTLINE TIMETABLE

SPECIALIST MERCANTILE JUDGE TO SIT IN THE NORTH EAST

* If a Sift is not required, the Interview could be brought forward to the Sift date, subject to the availability of the interviewees.

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