header-logo header-logo

22 February 2007 / Ian Francis
Issue: 7261 / Categories: Opinion , Procedure & practice
printer mail-detail

Fit for purpose

Contrary to some observers’ fears, juries can deal with complex fraud trials, argues Ian Francis

The universal application of the jury is again under attack, and this time it’s serious. I have followed this campaign for some years now. So when I read Lady Elizabeth Butler-Sloss’ judgment setting out why she did not intend to call a jury in the Princess of Wales inquest, I sat up and took notice. On a further reading I realised that I had given undue weight to the most alarming phrases.

Here is a redacted version of the paragraph which will give you an idea of my first impressions:

 “I see the advantages of calling a jury of ordinary citizens to make an impartial decision…[but]…the disadvantage of a jury is the need…to have a careful and fully reasoned decision reviewing all the relevant evidence and providing a clear conclusion [and]…[s]uch a reasoned decision…cannot be given by a jury.”

Mohamed al Fayed instructed Michael Mansfield QC at the preliminary hearing to argue for the appointment of a jury in

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
back-to-top-scroll