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15 December 2011 / Alex Odell , Victoria Oakes
Issue: 7494 / Categories: Features , Public , Constitutional law
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Handle with care

Justice v security: has the government got the balance right? Victoria Oakes & Alex Odell review the evidence

The government’s Justice and Security green paper, which Ken Clarke introduced to the House of Commons in October, was said to be the culmination of a year’s careful consideration of “how to respond to a difficult scenario in any liberal democracy”, namely, how the courts can be best equipped to pass judgments in cases involving sensitive material.

There is cross-party support for the principles behind the paper, for which the deadline for responses is 6 January 2012. In the past decade, there has been an increase in the number of cases in which the security and intelligence agencies are involved. Unfortunately, the courts have been ill equipped to deal with this change. In drafting the green paper the government hopes to restore the nation’s faith in the ability of the agencies to keep Britain safe, while maintaining sufficient regard for the rule of law. The judiciary must be enabled to reach just conclusions in

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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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