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19 July 2024 / Michael Zander KC
Issue: 8080 / Categories: Features , Profession , International , Public
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Insurrection & court intervention Pt 3

182203
Michael Zander KC on Trump v United States
  • The majority held that the president could not be prosecuted for exercising his core constitutional powers and was entitled to at least presumptive immunity from prosecution for all other official acts.

The US Supreme Court’s 6-3 decision on presidential immunity has raised serious alarm. Justice Sonia Sotomayor, in a powerful dissent joined by Justices Kagan and Jackson, warned: ‘Under the majority’s rule, a President’s use of any official power for any purpose, even the most corrupt, is immune from prosecution.’ She ended: ‘With fear for our democracy, I dissent.’

The court said that the president was not above the law, but deprived that statement of most of its content both by the width of what it said was covered by immunity and by how it narrowed the path for a prosecutor.

The government argued that a president enjoyed no immunity whatever from criminal prosecution. Trump argued that just as a president had been held to enjoy absolute immunity from

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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