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25 November 2016 / Athelstane Aamodt
Issue: 7724 / Categories: Features , Profession
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Judge & fury

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When does criticism of judges become contempt, asks Athelstane Aamodt

The result in the case of R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) was always going to be controversial given the heat of the political debate surrounding the UK’s vote to leave the EU. However, the judgment given by the Lord Chief Justice (Lord Thomas) and the Master of the Rolls (Sir Terence Etherton) and Sales LJ resulted in the judges being personally attacked in certain sections of the press. The Daily Mail described the judges as “Enemies of the People” on the front page of its 4 November edition, along with pictures of the judges, and bizarrely singled out Sir Terence for being an “openly gay ex-Olympic fencer” as if this was somehow opprobrious. The Daily Telegraph on the same day ran the headline “The Judges Versus the People”(also with pictures of the judges) and—in so many words—accused the judges of frustrating Brexit.

Déjà vu

The tone and substance of these attacks were condemned by many. This is not the first time attacks like this have

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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

International hospitality and leisure specialist joins corporate team as partner

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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