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05 July 2024 / Michael Zander KC
Issue: 8078 / Categories: Features , In Court , Procedure & practice , Discrimination
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Zander’s reflections: 5 July 2024

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Back to unanimity? Michael Zander KC is sceptical about a report that calls for the abolition of majority jury verdicts

A return to requiring jury unanimity is the central recommendation of a report published on 9 May by APPEAL, the working name of the Centre for Criminal Appeals (‘Doubt dismissed: race, juries and wrongful conviction’).

The report is authored by Naïma Sakande and Nisha Waller. Their challenging thesis regarding the history is that the introduction of majority verdicts by Roy Jenkins in the Criminal Justice Act 1967 was classist and racist:

‘Against the backdrop of tumultuous race relations in 1960s Britain, as well as the swift expansion of juror eligibility to include more working class and negatively racialised people, doubts arose about the ability of these newly diverse juries to render just decisions. These concerns were classist and racist, typified by fears that this group of freshly eligible jurors would lack the educational ability, moral integrity, or shared sense of right and wrong to come to correct

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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