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18 April 2012 / Hle Blog
Issue: 7510 / Categories: Blogs
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A new reality?

HLE blogger Felicity Gerry bemoans the lack of public interest in miscarriages of justice

"What is your idea of a miscarriage of justice? Is it that Laura Johnson is likely to go to prison for ferrying rioters about, or that the Guantanamo five will be executed if (most think when) found guilty by a military court? For some, it is that people are sent to prison on weak or uncorroborated evidence. For others, it is the limitations placed by the Court of Appeal on reviewing convictions.

These are all highly-charged issues that face lawyers every day, but receive little public attention. Somehow it gets forgotten that those accused of offences are real people with families and friends, not some alien “criminal” species. What was it that led Samantha Brick to dominate the front pages last week for saying she is beautiful, rather than public outcry on my case involving yet another joint enterprise murder conviction? Do we really care more about who Jessie J picks to be part of her team on The Voice?

It is clear that the press see miscarriages of justice as “a bit 1980s” and that the general public seem to care more about Piers Morgan’s latest celeb interview. Where has public condemnation gone? Why are we all so silent? Forty-four years ago this month, Martin Luther King was killed. Like Dante, he took the view that the hottest places in hell are reserved for those who stay silent. Just as the silent majority allowed the Vietnam War to go unchecked, it allows our justice system to crumble.

Recently, at The Guardian’s open weekend, Michael Mansfield QC warned against imagining that miscarriages of justice have declined. He highlighted faulty scientific evidence, decreased access to justice due to the emasculation of the legal aid system, and a renewed attempt to erode the right to trial by jury. There are many lawyers who would like to highlight the very real crisis that faces justice in this century but lawyers are demoralised…”

To continue reading go to: www.halsburyslawexchange.co.uk

 

Issue: 7510 / Categories: Blogs
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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