You can't judge a book by its cover: evolving professional responsibilities, liabilities and 'judgecraft' when a party has Asperger's Syndrome

Authors

  • Penny Cooper University of London and 39 Essex Chambers
  • Clare Allely University of Salford and Gothenburg University

Keywords:

Asperger's syndrome, autism spectrum disorders, defendant, courts, ; judgecraft, fair hearing, judges, lawyers, responsibilities, liabilities

Abstract

In the context of increasing legal emphasis on fairness for people with disability, this article analyses the responsibilities and liabilities of lawyers in relation to the recognition and identification of client disability, and specifically Asperger's Syndrome, prior to a hearing. This article also analyses the judge's responsibilities when a party has Asperger's Syndrome. Lord Justice Gillen's seven points of principle and practical guidance for fair hearings when a party has a disability (Galo v Bombardier Aerospace UK) are used as a framework to explore the art of judging, or 'judgecraft'.

Published

2017-05-03

Issue

Section

Articles