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15 September 2023 / Dr Jon Robins
Issue: 8040 / Categories: Opinion , Profession , Criminal
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Compensating the innocent: insult to injury?

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Behind the wrongful conviction of Andrew Malkinson lies an even greater scandal, as Jon Robins reveals

The tendency on the part of the media when reporting a miscarriage of justice is to dismiss it ‘as a shocking one-off aberration—a minor hiccup in a system that otherwise functions in an exemplary fashion’. That was a theme of my 2018 book Guilty Until Proven Innocent (Biteback Publishing) in which I looked at 11 cases of serious injustice over the previous 20 years which prompted little (if any) press reflection on ‘system’ issues.

The coverage of the acquittal of Andrew Malkinson (pictured) and the subsequent shocking revelations over the summer is a notable exception. So far, the furore has prompted two inquiries—one instigated by the miscarriage of justice watchdog itself, and one launched by the Lord Chancellor Alex Chalk—as well as huge press interest in our dysfunctional system of criminal appeals (itself the subject of an ongoing Law Commission review). This is the first of two articles exploring the fallout of

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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