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17 February 2017 / Alec Samuels
Issue: 7734 / Categories: Features
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Wide of the mark?

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Is there a judge’s jurisdictional problem, asks Alec Samuels

Lawyers tend to think in terms of civil or family or criminal. New QCs are classified in this way. The High Court is divided into Queen’s Bench, Family and Chancery, though subdivisions appear such as Admiralty, Commercial, Technology and Construction, and Planning in the Queen’s Bench, Court of Protection in Family, and Companies and Bankruptcy and Patents in Chancery. Public law and human rights law come largely by way of judicial review through the Administrative Court. Increasingly today the practitioner tends to specialise more and more in an ever-narrowing area of work, particularly the barrister but also, albeit to a lesser extent, the solicitor. The practitioner responds to the demands and opportunities of the market. Legal life seems to be getting ever more complicated—and specialised.

Diverse work

Now it is most unlikely that the judge can remain anything like so specialised. The circuit or county court judge may be largely civil or largely criminal, but usually he may be called upon to handle almost any case. The High Court judge will be assigned to a division,

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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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