Measuring the Length of the Chancellor's Foot: Quantifying How Legal Outcomes Depend on the Judges Hearing the Case and Whether Such Variation Can Be Explained by Characteristics of the Judges

Abstract

This paper considers the extent that judicial decisions are dependent on which judge(s) hears the case and whether any variation in decision making can be attributable to factors associated with the judge(s). This paper addresses these questions, using multi-level modelling, by a statistical analysis of the 1,308 appeals from the Immigration Appeal Tribunal and Employment Appeal Tribunal heard by the Court of Appeal (Civil Division) of England and Wales between 2001 and 2009 assembled by the author for this purpose.

Keywords: court of Appeal (England & Wales), employment, immigration, EAT, IAT, judges, decision-making, multi-level modelling, multiple-membership models, quantitative research methods

JEL Classification: K31, K4, K41