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04 March 2022 / David Locke
Issue: 7969 / Categories: Opinion , International , Constitutional law
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Sidelining the legal system

73775
Never take our liberties for granted, says David Locke

Imagine a hypothetical scenario: In London this week, a demonstration is taking place against a government ‘vaccine passport’ policy arising from the COVID-19 pandemic. It is causing local inconvenience, but it is peaceful and some of the demonstrators have even brought their children and pets along. A woman watching the news at home is sympathetic to the aims of the protestors, which are neither illegal nor immoral, and contributes a small sum of money to their campaign using a popular online crowdfunding website. For that matter, many other people make contributions and the total donations are reaching £7.5m. A young couple who own a small independent coffee shop in the locality of the demonstration are also sympathetic. They give the protesters free coffee and let some of them huddle inside the premises from time-to-time, because it is bitterly cold outside given the time of year.

Imagine then the response of the government is as follows: legislation which has been on the books for decades (expressly to deal with ‘national emergencies’) but has

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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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