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12 November 2021 / Theo Huckle KC
Issue: 7956 / Categories: Opinion , Profession
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Here to act, not to judge (Pt 2)

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What price justice? In a second update on the parlous state of our justice system, Theo Huckle QC explains why all of our people’s legal rights should be real and enforceable

In the first part of this article I referred to a commentary quotation about Rudy Giuliani and his appearances for former President Trump to challenge electoral results in last Autumn’s US Presidential race: ‘A lawyer may have any old client, but a lawyer cannot tell the court any old thing. Even a lawyer as partisan as Rudy Giuliani could not bring himself to mislead a court by alleging electoral fraud for his client Donald Trump, though both freely made such allegations outside of the courtroom,’ (Prospect, ‘Should a lawyer ever refuse to act in an unpleasant case?’, David Allen Green, April 2021).

I made it clear that deliberate misrepresentation of any form by a lawyer is an abomination, that the common suggestion that lawyers ‘lie’ on behalf of their clients is anathema

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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