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14 May 2021 / Alec Samuels
Issue: 7932 / Categories: Features , Profession
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Book review: Law in a time of crisis

48984
  • Author: Jonathan Sumption
  • Publisher: Profile Books Ltd
  • ISBN: 9781788167116
  • Price: £16.99

Released from the restraints of judicial office, Lord Sumption is once again a free spirit, crisply, elegantly, logically and challengingly examining our cherished legal institutions and theories and practices. It is a pity that Lord Sumption is not a real lord anymore, not eligible as a retired law lord to sit in the legislature.

As good old Lord Denning used to say, a good judge has to be more than a mere lawyer—he must be a man of science or maths or history or literature or philosophy or whatever. Sumption was eminently well qualified—a scholarly historian, especially in mediaeval history, of real repute. Aristotle, Coke, Dicey, Marx, Hemingway, all are quoted, among others. He found the old law reports and the Oxford Dictionary of National Biography very useful in his cases. As a distinguished historian, he did not approve of statue wreckers; rage against the past is pointless.

Diversity in the judiciary has become

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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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