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20 November 2015 / Michael L Nash
Issue: 7677 / Categories: Features , Public
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Opening Pandora’s box

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Michael L Nash discusses DNA & disputed titles

“I am my father’s son, according to my mother”, runs an old saying, but now the advent of DNA testing and techniques has added another factor to the equation.

On 11 October 2015 it was reported that the Queen, in a most unusual step, had referred a disputed titles case to the Baronetage Committee of the Judicial Committee of the Privy Council, something which had not been done since 1927.

This most august body, composed of senior judges from Britain and the Commonwealth, meets in informal style in Whitehall, governed by the Judicial Committee of the Privy Council Act of 1833. It is under s 4 of this Act that the Queen has made the referral. The section states: “Her Majesty may refer any other matters to the Committee”, a kind of catch-all section for matters on which the Queen seeks advice. The judgments of the Judicial Committtee take the form of advice to the Queen, but they have the same status as those of the Supreme Court.

The case in question concerns the baronetcy of

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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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