Page 18 - Magistrates Conference 2019

Hypothetical Judicial Ethics Questions

1.

i) You are a shareholder in Barclays bank and the case in front of you is an

action against the bank by a disgruntled bank account holder who has been

charged a fortune for an unauthorised overdraft and they are alleging that

the charges are unlawful in some way. What do you do?

ii) In the same case, you are not a shareholder, but you do hold a bank

account at Barclays. What do you do?

iii) Not only do you have a bank account at Barclays but you have some

sympathy with the claimant’s case.

iv) You have a bank account with Barclays but you take the view that people

should not run unauthorised overdrafts. What do you do?

2.

i) Prior to going on the bench you were a director of, played an active

part and had a financial interest in, a very successful business. On

joining the bench can you:

a) continue being an executive director?

b) be a remunerated consultant?

c) hold no official position but are to be remunerated by way of

imputed shareholding?

ii) Would your answer be any different if the business was a family

business?

3. i) Despite your protestations privately, your spouse is due to

appear as a party in a case before you – what do you do?

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