Lord Chief Justice Warns Against Personal Attacks on Judges in Lords Debate on Rule of Law

Lord Burnett of Maldon told the House of Lords on Thursday that personal attacks on judges undermine judicial independence. The former lord chief justice of England and Wales, who held the post from 2017 to 2023, said an expression of disagreement with a case outcome remains unobjectionable, but the growth of personal vilification crosses the line.

” Lord Burnett noted that judges speak through their judgments and cannot answer back, adding that the Constitutional Reform Act places duties on the lord chancellor to defend judicial independence.

The comments came during debate on the Constitution Committee’s report titled The Rule Of Law: Holding The Line Against Tyranny And Anarchy. Prince Harry had used the whitewash phrase to describe the ruling in his privacy case against Associated Newspapers.

Mr Justice Nicklin had found that Harry and six other claimants, including Sir Elton John, failed to prove allegations that the publisher obtained information illegally through phone hacking, bugging and blagging.

Baroness Andrews, a member of the Constitution Committee, said during the same debate that evidence suggests disrespect for the law has been emboldened since Covid, citing the paradox of draconian legislation felt by many not to have been evenly applied. On the same day, Prince Harry visited Birmingham Children’s Hospital to mark the 20th anniversary of the first WellChild Nurse programme.