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11 October 2024 / Nisha Waller , Naïma Sakande
Issue: 8089 / Categories: Features , Discrimination , In Court
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Right of reply: Back to unanimity?

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Nisha Waller & Naïma Sakande put the case for abolishing majority jury verdicts

Our research* on the racist and classist origins of majority jury verdicts considers why the principle of unanimity was abandoned in 1967 and explores the current implications of majority verdicts. In his recent NLJ article, Professor Michael Zander KC challenged our conclusion that racism and classism influenced the introduction of majority jury verdicts in England and Wales, and rejected our proposal to restore the principle of unanimity (see ‘Zander’s reflections’ (NLJ, 5 July 2024). Although we welcome Professor Zander’s response, as argument and counterargument only produce better knowledge, we would like to respond.

Do majority verdicts have racist & classist roots?

Yes. We considered findings covering extensive groups of archival material in coming to this conclusion. First, we looked at material covering race relations and the political climate in 1960s Britain. This material revealed a backdrop of public anxieties about immigration and the rise of anti-racist activism, with governments introducing successive legislation limiting non-white immigration to deal with the so-called ‘immigrant problem’.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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