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06 March 2008 / Julian Samiloff
Issue: 7311 / Categories: Features , Legal services , Procedure & practice , Profession
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The bulwark of liberty

Will someone rid me of this meddlestone jury?Now the coroner's jury is under attack, says Julian Samiloff

In the matter of the importance of juries, I tend to side with Sir Patrick Devlin’s comment that “the first object of any tyrant in Whitehall would be to make Parliament utterly subservient to his will; and the next would be to overthrow or diminish trial by jury, for no tyrant could afford to leave a subject’s freedom in the hands of twelve of his countrymen. So that trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives” (Trial by Jury, 3rd Edn 1966). The lord chief justice in Bushell’s Case 124 Eng Rep 1006 stated that the jury was “the bulwark of liberty”.

 

CORONER’S JURIES

Since 1927 a coroner’s jury has only been necessary in a minority of inquests. Juries are currently required under the Coroners Act 1988, s

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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