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05 August 2020 / Dr Jon Robins
Issue: 7898 / Categories: Opinion , Profession , Criminal
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At breaking point?

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The relationship between the CCRC & MoJ has recently been described as ‘dysfunctional’. Jon Robins delves into the deeper issues

‘Dysfunctional’ was the word used by the High Court last month to describe the relationship between the miscarriage of justice watchdog and its sponsor department the Ministry of Justice (MoJ). This might not qualify as a revelation to long-time watchers of the chronically underfunded Criminal Cases Review Commission (CCRC); but the reasons for Lord Justice Fulford and Mrs Justice Whipple’s concern need to be understood.

The case in question concerned a prisoner called Gary Warner, sentenced to 16 years for his role in an armed robbery, and whose application had been turned down by the CCRC. He was represented by barrister Matt Stanbury of Garden Court North and solicitor Dean Kingham of Swain & Co, who last month won the Legal Aid Lawyer of the Year award in recognition of his ‘gritty, difficult and rarely popular’ work.

Gary Warner’s lawyers argued that the Birmingham-based group was not sufficiently free from government

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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