Insolvency Silk is Surely the Best Bet for the ECHR Judge Job
There has been much debate in the broadsheets about the recent shortlisting of three candidates for the European Court of Human Rights (ECHR) judicial appointment (see the links below). The shortlist is:
- Ben Emmerson QC - a leading human rights silk
- Paul Mahoney - sometime registrar of the ECHR
- Raquel Agnello QC - a leading insolvency silk
Emmerson clearly has much experience on human rights issues. However, would an individual with a commercial background untainted by the politics and background of the ECHR jurisdiction not be a better appointment as the new British judge at the court? Surely Agnello would bring a greater wealth of experience and skills to the role than a strict human rights lawyer can provide.
This is a political appointment. Whilst some think Emmerson is a shoe-in (see below), this might not occur. The thought of a human rights specialist might be too much for the Tories, particularly against the backdrop of recent moves to reform our relationship with the ECHR as announced by the Tories.
See the (poor) treatment by the Telegraph here, The Guardian here and here on the story. My vote would go with Agnello, a linguist who has a well respected command of a difficult and technical area (i.e. insolvency!).
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...