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21 March 2014 / Nigel Jackson
Issue: 7599 / Categories: Features , Commercial
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Bending the law

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Nigel Jackson outlines the far-reaching consequences of Reithatha v Williamson

Those who are familiar with the English civil justice system, may have noticed an alarming trend in certain recent judicial decisions where judges have shown an increasing tendency to bend the law, or misapply the facts to achieve what they consider to be the desired outcome. Most of the judges currently serving in the civil courts are barristers, who have spent their entire careers re-interpreting laws and arguing “facts” in the manner best suited to advance their clients’ cases, but it is important that they discontinue this practice once they have been appointed to a judicial position.

Not only does the practice discredit the English system of civil justice (the misapplication of law or facts by any court is a very serious matter, whether it is intentional or not), but it is also capable of having far-reaching consequences which can have a devastating impact upon vast numbers of people who have no connection at all to the particular facts presented to a judge in any

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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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