Yes, that must be right. They weren't asking too many questions this morning but the LCJ will know who provides the most help when it comes to writing the judgment.
If not unprecedented a bench of 5 in the Civil Division is highly unusual. The Criminal Division occasionally sits as 5 eg Horncastle in 09 and Gnango the following year. Denning would assemble an enhanced bench usually when he wanted to ignore precedent but I am struggling to think of a more recent example.
The Brexit appeals bypassed the Court of Appeal altogether (a court of 3 including LCJ and MR sat in the Divisional Court) and even the Rwanda appeal only had a bench of 3.
As an aside I think a number of possible runners/riders for PKBD are sitting on this one (Edis and Whipple LLJ).
Yes, that must be right. They weren't asking too many questions this morning but the LCJ will know who provides the most help when it comes to writing the judgment.
If not unprecedented a bench of 5 in the Civil Division is highly unusual. The Criminal Division occasionally sits as 5 eg Horncastle in 09 and Gnango the following year. Denning would assemble an enhanced bench usually when he wanted to ignore precedent but I am struggling to think of a more recent example.
The Brexit appeals bypassed the Court of Appeal altogether (a court of 3 including LCJ and MR sat in the Divisional Court) and even the Rwanda appeal only had a bench of 3.
Thank you. I hadn't quite thought of it in those terms but I thought it was pretty unusual.