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05 November 2021 / Theo Huckle KC
Issue: 7955 / Categories: Opinion , Profession
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Here to act, not to judge

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In the first of a special two-part series, Theo Huckle QC explains how the talking-down of lawyers over many years shows a serious lack of leadership in public debate

I recently read a piece in a very well-known political/current affairs journal in which the commentator seemed to me to be implying that our lawyer colleagues should exercise more moral (moralising?) judgement about the cases they are prepared to take on, and they don’t do it enough, but that, nevertheless, ‘better the Devil you know’ with lawyers as we have them (Prospect, ‘Should a lawyer ever refuse to act in an unpleasant case?’, David Allen Green, April 2021). The piece left me with a deep sense of unease, and I thought it reflected the present parlous state of thought leadership about our justice system and the way that lawyers work within it and should do. How opinion-formers such as the readers of the journal in question view the legal system and professions matters to what happens to justice in this country, which has already been neglected

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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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