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10 November 2016 / Dr Jon Robins
Issue: 7722 / Categories: Opinion , Brexit , EU
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Too little, too late

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The lord chancellor’s response to the attacks on judicial independence has not found favour with the legal profession, notes Jon Robins

“Derry Irvine would have gone ballistic.” So tweeted the former Labour MP and barrister David Lock QC about the seeming equanimity of our present lord chancellor at the series of vicious and personal press attacks on our judiciary following the ruling of the High Court on the Art 50 litigation.

The Daily Mail’s shocking headline read “Enemies of the people” over enormous pictures of the three judges presiding over the case: the lord chief justice, Lord Thomas, Lord Justice Sales and Master of the Rolls Sir Terence Etherton.

A number of commentators noted that the Mail’s front page shared the same headline, as well as an uncanny and disturbing similarity, with a 1933 German newspaper berating judges, also pictured, for attempting to defeat the “common will of the German people”. The Telegraph opted for a no less incendiary headline—“The judges versus the people”—and again ran photographs of the judicial trio prominently displayed.

The MailOnline was even more personal. In its

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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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