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05 August 2022 / Roger Smith
Issue: 7990 / Categories: Opinion , Constitutional law
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Preserving the union

89700
Won’t anyone think about the constitution, asks Roger Smith

We will know soon enough the Tory party leader to succeed Boris Johnson. We know already the horrendous list of challenges that they will face: the Ukraine war, climate change, cost of living crisis, fuel costs, levelling up, NHS collapse. But there is one more. This might beguilingly look as if it can be ignored for the time being. But, it can’t. The future constitution of the UK is in play—whether we like it or not.

The English are particularly obtuse at understanding that the UK is not synonymous with them. By contrast, I have a particular sensitivity on this issue. I spent five years of my school life in endless re-enactments of a selective view of the great Anglo-Scottish battles of the past. I represented the invading and invariably defeated English. Somehow, the school bell always rang before we could get to the bloody defeats of Flodden and Culloden. All this was fuelled by classroom drawings of Robbie the Bruce watching the intrepid spider that was his inspiration for unmitigated hostility to the

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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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