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02 February 2024
Issue: 8057 / Categories: Legal News , Criminal
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NLJ this week: Post Office injustice & the court of public opinion

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Hard cases make bad law, as the saying goes, and the Post Office Horizon scandal certainly makes for a hard case

In this week’s NLJ, John Gould, senior partner, Russell-Cooke, considers the ‘legislative shortcut’ taken by Parliament in bringing forward legislation to exonerate subpostmasters convicted via the inaccurate evidence of the flawed Horizon accounting system.

He writes: ‘Governments should never use parliamentary majorities to declare judicial outcomes without a judicial process. It doesn’t matter how convinced those voting are about guilt or innocence. As a principle, this is about as old and fundamental as any of the principles supporting the rule of law.’

While everyone would want to put right the glaring injustice suffered by the subpostmasters, and while the government has emphasised this remedy is an exception, it still creates risks, Gould argues. He points out: ‘At the very least, it creates a precedent of declaring exceptions. Exceptions have a habit of accumulating.’ 

Issue: 8057 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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