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15 September 2023 / Dr Jon Robins
Issue: 8040 / Categories: Opinion , Profession , Criminal
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Compensating the innocent: insult to injury?

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Behind the wrongful conviction of Andrew Malkinson lies an even greater scandal, as Jon Robins reveals

The tendency on the part of the media when reporting a miscarriage of justice is to dismiss it ‘as a shocking one-off aberration—a minor hiccup in a system that otherwise functions in an exemplary fashion’. That was a theme of my 2018 book Guilty Until Proven Innocent (Biteback Publishing) in which I looked at 11 cases of serious injustice over the previous 20 years which prompted little (if any) press reflection on ‘system’ issues.

The coverage of the acquittal of Andrew Malkinson (pictured) and the subsequent shocking revelations over the summer is a notable exception. So far, the furore has prompted two inquiries—one instigated by the miscarriage of justice watchdog itself, and one launched by the Lord Chancellor Alex Chalk—as well as huge press interest in our dysfunctional system of criminal appeals (itself the subject of an ongoing Law Commission review). This is the first of two articles exploring the fallout of

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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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