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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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