Overview

Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian and New Zealand case law.

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9780198257936

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A straightforward comparative case law study of the liability at law of judges and other judicial actors for their acts and statements during the judicial process. This is an issue critical for the vital concept of an independent judiciary, a pillar of the U.S. system....Simply written and clearly organized. --Choice<br>

Intelligent study.' Stephen Sedley, London Review of Books `A well reasoned analysis.' Times Higher Education Supplement `Olowofoyeku offers a well reasoned analysis pointing out the lack of redress in cases of injurious misconduct on the part of a judge.' Times Higher Education Supplement `readable book ... He has found answers which satisfied me. His researches have been extensive and thorough' Cambridge Law Journal

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