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04 July 2025 / Tom Franklin
Issue: 8123 / Categories: Opinion , Legal services , Profession , Criminal
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Magistrates matter

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The volunteer judiciary has faced neglect. Tom Franklin explains why addressing this is important—for all parts of the legal system

Most readers of the New Law Journal will need little reminding that our justice system has, for too long, operated on goodwill stretched to breaking point. The strain on criminal legal aid, the crisis in court maintenance, the exodus from the Crown Prosecution Service and private defence practice—none of this is news to solicitors and barristers. What is perhaps less widely discussed, though, is that magistrates—the volunteer judiciary who hear over 90% of criminal cases—have faced similar neglect, while helping to prop up an overstretched system.

The ‘Magistrates Matter’ report, recently published by the Magistrates’ Association, the only membership body and independent voice for magistrates, does not ask for miracles. It sets out seven practical, modest recommendations to recognise and retain this vital volunteer force—and to help ensure that the courts they serve are resilient, effective and trusted by the public. These recommendations cost little in the scheme of things, but their

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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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