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22 February 2007 / Ian Francis
Issue: 7261 / Categories: Opinion , Procedure & practice
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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

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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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