JAC set to consider applicants for High Court Chancery judge roles without experience on the bench

Aspiring Chancery High Court judges will be considered straight from private practice for the first time, as part of a bid to widen the pool of Chancery specialists making it to the senior judiciary.

The decision, which will affect applications made through the Judicial Appointments Commission from next month onwards, was made by the Ministry of Justice (MoJ) on the basis that it is more important for applicants to be a specialist in Chancery law than to have a judicial background. The Chancery division covers disputes in areas including business, property, competition, insolvency and intellectual property.

There will be five appointments available in the High Court Chancery division between April 2012 and 
March 2013, with the application process open from 20 October 2011.

It will be open to those with at least seven years' relevant post-qualification experience. In contrast, those applying since 2008 have been expected to have served in a judicial office in a fee-paid or salaried capacity for at least two years, or to have completed 30 sitting days, before the closing date for applications.

A spokesperson from the Judicial Appointments Commission said: "This [policy] is because of the specialist nature of the roles, which means that being an expert in chancery law is more important than having a judicial background."

Fountain Court head Timothy Dutton QC (pictured) commented: "One argument for taking out the judicial experience requirement is that what you're dealing with in the Chancery Division is a less trial-based and court management based jurisdiction, than say you have in the Queen's Bench.

"This may also be an indication that the JAC wants to catch a wider net of people for the judiciary, and encourage those that haven't taken 
up being a recorder or a deputy judge nevertheless to consider a judicial career path. All 
that said, I do think that part-time judicial experience is extremely valuable."

The news follows the appointment of five new High Court judges this year, with four set to join the Queen's Bench division in October, while 4 Stone Buildings' Robert Hildyard QC will join the Chancery division.