Lord Burnett Says Personal Attacks on Judges Threaten Independence

Lord Burnett of Maldon told the House of Lords on Thursday that personal vilification of judges crosses the line into a direct assault on judicial independence. The former Lord Chief Justice, who served from 2017 to 2023, spoke during a debate on a Constitution Committee report. His comments followed Prince Harry's description of a recent court defeat as a complete and obvious whitewash.

Prince Harry was one of seven claimants, including Sir Elton John, who alleged unlawful information gathering by journalists and private investigators working for Associated Newspapers through phone hacking, bugging and blagging. Mr Justice Nicklin delivered the judgment against the claimants and concluded that they had not succeeded in substantiating their accusations.

Associated Newspapers described the outcome as an overwhelming victory and a magnificent vindication of the Daily Mail's journalism.

Prince Harry stated that when the court says there is not sufficient evidence of wrongdoing despite documents showing otherwise, one does wonder how justice was ever going to be achieved. Lord Burnett noted that judges communicate solely through their judgments and lack the ability to respond to criticism.

He reminded peers that the Constitutional Reform Act places obligations on the lord chancellor to safeguard judicial independence.

Baroness Andrews, an independent crossbench peer, observed that disrespect for the law has been emboldened since Covid, with the paradox of draconian legislation that many felt was not evenly applied.