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13 May 2016 / Nicholas Dobson
Issue: 7698 / Categories: Features , Public
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Matters of interest

A failure in public trust undermines the foundations of local authority democracy, says Nicholas Dobson

“Pepys Show Unmasked! Celeb diarist smuggles up secret stash!” So might run the tabloid headline, were Samuel famously diarising nowadays. For today we expect our politicians and officials to act selflessly in the public interest. True, there’s widespread cynicism about the extent to which such propriety standards are actually met. A cynicism which can turn rapidly toxic when reports appear of misdoings by senior politicians, subsequently exonerated on what appear to be flimsy technicalities. But while the principle at least is now a firmly established canon of British public life, it was not always so.

Gradual divergence of public & private interests

As Tim Lankester, former President of Corpus Christi College, Oxford, pointed out in “A Historical and Comparative Perspective”, his July 2007 paper on conflict of interest: “For most of Britain’s history, conflict of interest amongst rulers and their officials was endemic.” This was because until “the 18th century, no-one expected the king or his courtiers not to take advantage of their position to enrich themselves”. And while there were

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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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