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28 July 2023 / Dr Jon Robins
Issue: 8035 / Categories: Opinion , Criminal
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Criminally in need of reform?

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Other countries must exercise caution when drawing inspiration from the UK’s Criminal Cases Review Commission, Jon Robins argues

A decision by the New South Wales Attorney-General in June to pardon a mother for the murder of her children has prompted calls in Australia to introduce their own version of our Criminal Cases Review Commission (CCRC). The CCRC, set up in 1997, was the first ever miscarriage of justice watchdog and over its short life has proved a popular legal export. There are similar bodies in Scotland, Norway, and New Zealand, and Canada is looking at introducing one.

Improving accuracy

Kathleen Folbigg served 20 years for the murder of three of her infant children and the manslaughter of a fourth child, but will now be spared the rest of her 30-year sentence. In June, I took part in a debate on the Australian Broadcasting Corporation (ABC)’s Law Report programme, presented by lawyer Damien Carrick. He pointed out that the campaign to exonerate the mother took two investigations and ‘the unprecedented involvement’

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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