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12 January 2024 / Roger Smith
Issue: 8054 / Categories: Features , Profession
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A winter’s tale

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Roger Smith attempts to escape the law by turning to agrarian pursuits

Once upon a time—for this is a folk tale as well as a true personal story—an Allen & Overy-trained litigator and public law expert took up an allotment in an estuary town in Essex. As he grew into his 60s, the plot—located on the appropriately named Arcadia Road—took more of his attention. As his emotional confrontation with the government of the day receded, the attraction grew of a gentler world of vegetables, fruit and nature’s fecundity. The tiger’s growl of the law reduced to a soft purr. Until one day it howled again in a reminder that the law and the constitution infuse all aspects of our life, even the harmless pursuit of a bucolic semi-retirement.

The allotments had been given to the local council in the 1920s by a well-wisher hoping to assist servicemen returning from the war. Until recently, the council’s website proudly proclaimed its ownership ever since of the 257-plot site. However, a decade ago, a local history

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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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