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05 November 2021 / Theo Huckle KC
Issue: 7955 / Categories: Opinion , Profession
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Here to act, not to judge

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In the first of a special two-part series, Theo Huckle QC explains how the talking-down of lawyers over many years shows a serious lack of leadership in public debate

I recently read a piece in a very well-known political/current affairs journal in which the commentator seemed to me to be implying that our lawyer colleagues should exercise more moral (moralising?) judgement about the cases they are prepared to take on, and they don’t do it enough, but that, nevertheless, ‘better the Devil you know’ with lawyers as we have them (Prospect, ‘Should a lawyer ever refuse to act in an unpleasant case?’, David Allen Green, April 2021). The piece left me with a deep sense of unease, and I thought it reflected the present parlous state of thought leadership about our justice system and the way that lawyers work within it and should do. How opinion-formers such as the readers of the journal in question view the legal system and professions matters to what happens

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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