header-logo header-logo

Drawing the line on dishonesty

256703
© Getty images
John Gould explores the uneasy relationship between fairness, judicial discretion & the profession’s uncompromising stance on dishonesty

As lawyers, we like to think that outcomes according to the law are always just and fair. If the law has to treat an individual unfairly, there must be a reason why that is necessary for the greater good.

It is not always easy for a judge to reconcile their own sense of fairness to an individual with the needs of public justice. Public justice requires consistency and adherence to principle; individual fairness may be served by finding exceptions or even reasoning backwards from what the judge perceives to be a just result.

The stretch

Sometimes the story told by litigants is more powerful than the legal analysis of their position, and it may seem that law and justice are not aligned. Common law systems give judges a degree of flexibility, but finding the correct balance between the logic of the law and what seems fair or just is a longstanding

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll