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05 December 2025
Issue: 8142 / Categories: Legal News , Constitutional law , Criminal
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NLJ this week: Jury trial & a constitutional illusion

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Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition

Although the UK has no codified constitutional rights, Zellick notes that generations of judges—Coke, Blackstone, Devlin, Denning and others—have treated jury trial as a fundamental safeguard woven into the nation’s legal and political history.

While there may be no formal constitutional right, the jury has long been viewed as a cherished public protection whose erosion demands the highest scrutiny. He criticises Leveson for treating the absence of entrenched rights as permission for sweeping reform, and ignoring the jury’s profound symbolic and practical role.

Any reform, he warns, must bear a heavy justificatory burden, given the system’s Grade-I-listed constitutional pedigree.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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