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11 May 2018
Issue: 7792 / Categories: Features
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The common touch

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Michael Nash considers the history & complexities of the Commonwealth & salutes a fine British tradition

Titles are curious things. They come and go. Some seem permanent, others transitory or vainglorious, or, indeed, meaningless. The title King (or Queen) of France, for example, was borne by English and then British sovereigns long after control of any territory in France had disappeared. Only when sense prevailed at the Treaty of Amiens in 1802 was the title at last surrendered; it had had no meaning since 1558.

Such seemed to be the position in 1948, when the title ‘Emperor of India’ was given up, and there seemed to be a title vacuum, so to speak. India had become a republic but it wished to remain within what is now referred to as ‘The Commonwealth’, but what would be the relationship of the king to this body? Thus the title ‘Head of the Commonwealth’ was devised by the London Declaration of 1949, and King George VI was the first to bear this title. But what did it mean? What was the ‘Commonwealth’? Clearly, in the minds of most people, it comprised

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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