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02 June 2017 / David Hewitt
Issue: 7748 / Categories: Features
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Lessons to be learnt

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Modern lawyers & judges can take lessons from the 1917 case of Joseph Blackburn, says David Hewitt

I have written about Joseph Blackburn before. He is the man who was forced to fight in the Great War, even though he had already volunteered to do so (see ‘Joseph, 1917: a lesson for us all’, NLJ , 20 January 2017, p 22 & ‘Joseph: a lesson for us all (Pt 2)’, NLJ , 27 January 2017, p 22).

Joseph came from Thornton, near Blackpool, and when he made his case to a committee of local councillors, he was given an exemption from military service. But that exemption was taken away by the Central Tribunal, which sat in far-off Westminster and was led by the fourth Marquess of Salisbury.

I have looked at the tribunal’s surviving records and I believe that it acted wrongfully, not just by present-day standards, but also by rules it had made for itself.

Modern lessons

Although Lord Salisbury and his colleagues eventually acknowledged their error, nothing was done to call Joseph home, and he was killed in

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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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