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

They spent varying amounts of time on housing possession cases. Eleven of them had
some experience of such work before being appointed, although this might be very little, or a
very long time ago. Six had experience of family law in practice, and three of criminal work,
prior to their appointment. One district judge had previously been director of legal services
for a local authority. Nine said they had had no relevant experience prior to appointment. No
pattern was, however, discernible in terms of general approach or suggested outcomes to
the scenarios put in the interviews, connected with the judges’ prior experience. The judges
who were of longest standing tended to be more confident in their approach, but could not
be grouped together in a similar way; for example as either pro-claimant or pro-defendant, or
either rigidly legalistic or with a social welfare approach.
Training and updating. Some of the district judges we interviewed had been appointed
before the standard provision of induction training for new deputies was instituted by the
Judicial Studies Board. This is now in place, and aims to equip new district judges with the
necessary knowledge for determining housing possession cases.
In addition the Board provides triennial continuation training, seminars on particular topics for
district judges, and an annual district judge seminar. The Judicial Studies Board (2004)
states that:
“The aim of encouraging a consistent and coherent approach to civil litigation at
every level of judge has only to be stated to appear desirable. The experience of
participants always helps the JSB to assess whether it is moving in the right
direction. Attendance at seminars is often difficult for practitioners, but they are not
optional. The Lord Chancellor expects all part-time and full-time judges to attend.”
One of the district judges interviewed had previously been a member of the JSB civil
committee, and another was currently a tutor for the training courses run by the JSB.
Other sources of information for district judges include the Civil Bench Book which is
available online and includes a section on “Possession Claims – Practical Tips”,
summarising the relevant law and procedure for housing possession cases (Judicial Studies
Board, 2004). District judges have also been provided with a CD-ROM which covers the law
on housing possession cases, and are able to access Felix, the discussion website hosted
by the JSB. There are, in addition, other materials which district judges may use to keep up
to date. The range of sources used, and the frequency of use, is summarised in Table 7.
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