The exercise of judicial discretion in rent arrears cases - Sheffield ...
The exercise of judicial discretion in rent arrears cases - Sheffield ...
The exercise of judicial discretion in rent arrears cases - Sheffield ...
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In analys<strong>in</strong>g <strong>cases</strong> percentages have been rounded and may not always add up to 100%.<br />
Where, <strong>in</strong> Chapter 4, decisions are identified by <strong>in</strong>dividual judge <strong>in</strong> London county court each<br />
judge has been assigned a number to anonymise decisions.<br />
3. Interviews with district judges<br />
<strong>The</strong> f<strong>in</strong>al element <strong>of</strong> the research was <strong>in</strong>terviews with district judges operat<strong>in</strong>g <strong>in</strong> the three<br />
geographical areas. To obta<strong>in</strong> a large enough sample <strong>of</strong> judges we could not simply conf<strong>in</strong>e<br />
ourselves to those sitt<strong>in</strong>g <strong>in</strong> the courts where <strong>cases</strong> had been observed. Accord<strong>in</strong>gly we<br />
also approached judges sitt<strong>in</strong>g <strong>in</strong> neighbour<strong>in</strong>g courts. Some judges sat <strong>in</strong> more than one<br />
court, <strong>in</strong>clud<strong>in</strong>g the observation court and others.<br />
Judges <strong>in</strong> the three geographical areas were approached through the District Judges<br />
Association, and asked to take part <strong>in</strong> the research. Judges were free to refuse, and a small<br />
number decl<strong>in</strong>ed to take part.<br />
One limitation to the sample <strong>of</strong> judges was that it <strong>in</strong>cluded only one deputy district judge<br />
among the 26 judges <strong>in</strong>terviewed.<br />
Table 14: Location <strong>of</strong> judges <strong>in</strong>terviewed<br />
Court Number <strong>of</strong> Judges<br />
London<br />
4<br />
Neighbour<strong>in</strong>g courts<br />
5<br />
West Country<br />
3<br />
Neighbour<strong>in</strong>g courts<br />
3<br />
Northern 1<br />
4<br />
Northern 2<br />
2<br />
Neighbour<strong>in</strong>g courts<br />
5<br />
Interviews lasted between one and two hours and were recorded and transcribed. Judges<br />
have not been identified by name or court, and have each been ascribed a letter to identify<br />
them. All the district judges who were <strong>in</strong>terviewed had considerable experience <strong>of</strong> hear<strong>in</strong>g<br />
hous<strong>in</strong>g possession <strong>cases</strong>, generally over many years. <strong>The</strong>y came from a variety <strong>of</strong><br />
backgrounds – the majority hav<strong>in</strong>g been solicitors <strong>in</strong> private practice but with a wide variety<br />
<strong>of</strong> diffe<strong>rent</strong> types <strong>of</strong> practice – details are set out <strong>in</strong> Chapter 4.<br />
<strong>The</strong>se <strong>in</strong>terviews were structured <strong>in</strong>to two broad parts. <strong>The</strong> first part drew on a semistructured<br />
questionnaire around a number <strong>of</strong> key topics about the judge’s background<br />
experience; their approach to decision-mak<strong>in</strong>g <strong>in</strong> possession <strong>cases</strong>; their views about<br />
procedure and external factors (<strong>in</strong>clud<strong>in</strong>g hous<strong>in</strong>g benefit); the impact <strong>of</strong> landlords and their<br />
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