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

Cooper, Penelope and Allely, C. (2017) You can’t judge a book by its cover: evolving professional responsibilities, liabilities and ‘judgecraft’ when a party has Asperger’s Syndrome. Northern Ireland Legal Quarterly 68 (1), pp. 35-58. ISSN 0029-3105.

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)4 are used as a framework to explore the art of judging, or ‘judgecraft’.

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