The exercise of judicial discretion in rent arrears cases - Sheffield ...

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The length of time the arrears have accrued over The order requested by the landlord Whether the landlord has reached an agreement with the tenant Any other matters you wish to add After completion by individuals establish whether consensus on rankings, and also ask for one illustration per heading to be shared with group 3. Differences between judges 30 minutes Ask individual participants to complete the following task. Suggest that they use initials next to the judge to remind themselves who they were referring to. Describe the relationship(s) you have with different judges. What factors differentiate the relationships you have with different judges? On a continuum of 1 (rule bound) – 10 (use most discretion) describe how far you feel the different judges you appear in front of are rule bound as opposed to using a lot of discretion to treat cases differently. E.g. how far do judges have rules of thumb they always apply e.g. to repayment levels, or look at the facts for each individual? Judge 1 Judge 2 Judge 3 Judge 4 Judge 5 1 Rule Max Bound Discretion Give examples for why you have you have ascribed different rankings to different judges. Once done individually ask each participant to take one judge, the ranking and describe why they have given it. What has been your experience of judges’ reactions to new people appearing in front of them? 4. Differences between courts 20 mins If you work in more than one court, can you describe the differences between those courts? 119 10
What factors would you ascribe those differences to? Do you think the difference between courts impacts on how judges exercise discretion? 120
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The exercise of judicial discretion
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The Research Unit, Department for C
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Contents Executive summary i Chapte
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Executive summary The research ques
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the shift to housing officers appea
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Conclusions A wide and diverse rang
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on the role of judges under the exi
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Northern 1 court hears over 1500 ho
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significance to a particular respon
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The application may be adjourned; t
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such forms are completed in less th
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In November 2001, the Legal Service
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Levels of arrears Although the reas
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Table 2: Rent levels from ODPM stat
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Table 5: Changes in outcomes of ini
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Table 6: Impact of participation on
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The focus group participants consid
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consideration in this chapter, the
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Neither of the judges seemed to con
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chambers, where the possession list
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Most of the district judges felt th
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The views of the claimants’ group
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Qualitative and quantitative data f
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anything to say, and wants to stay
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Table 7: Sources of training and up
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sought with what they know the judg
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Chapter 5: Judges and landlords Int
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Chart 7: Orders granted by requests
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some unevenness in the impact of re
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Thus it can be seen that the type o
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District judges differed on how muc
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There were three other, more genera
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Conclusions In this chapter, we hav
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Chapter 6: Judges and tenants Intro
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approach he was more confident in t
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“I think in terms of exercising d
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Family make up The broad powers of
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are trying to deal with the particu
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“I wouldn’t dream of making an
Page 81 and 82: interpreter. Similarly, many of the
Page 83 and 84: Judges are human too - personal rea
Page 85 and 86: understand the proceedings, a great
Page 87 and 88: What must be emphasised is that whi
Page 89 and 90: also the most common explanation gi
Page 91 and 92: anomalous case of West Country cour
Page 93 and 94: District judges’ knowledge. Some
Page 95 and 96: Two of the judges interviewed felt
Page 97 and 98: DJ: I’d be inclining towards the
Page 99 and 100: how he dealt with the housing benef
Page 101 and 102: Chapter 8: Particular decisions: gr
Page 103 and 104: Table 10: Outcomes in Ground 8 case
Page 105 and 106: Others were, however, prepared to g
Page 107 and 108: It is perhaps not surprising that,
Page 109 and 110: the basis of the original possessio
Page 111 and 112: Chart 13: Impact of family make up
Page 113 and 114: The advice to the tenant was often
Page 115 and 116: Chapter 9: Conclusions Where the la
Page 117 and 118: shows that the vast majority of tho
Page 119 and 120: important determining factors is th
Page 121 and 122: Thus it is likely that that even th
Page 123 and 124: 110
Page 125 and 126: Lawrence J (1995) “Sentencing pro
Page 127 and 128: give a typology of the characterist
Page 129 and 130: In analysing cases percentages have
Page 131: Appendix 2 - Research instruments 1
Page 135 and 136: 20. Typically, how would you descri
Page 137 and 138: with a duty desk representative who
Page 139: DCA Research Series No. 6/05 The ex
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