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27 January 2017 / David Hewitt
Issue: 7731 / Categories: Features
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Joseph: a lesson for us all (Pt 2)

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David Hewitt shares his reflections on a local strike with lasting impact

 

I have already written about “Joseph”—the man from Thornton, near Blackpool, who was sent to fight in the Great War by the Central Tribunal (NLJ, 20 January 2017, p 22).

That tribunal sat in Westminster and was chaired by the fourth Marquess of Salisbury, and he and his colleagues decided that Joseph was simply a hawker of fruit and veg. But their decision was controversial, because Joseph said he was actually a market gardener and a committee of councillors in Thornton had taken him at his word.

The Thornton councillors made up a “local tribunal”, of which there were more than two thousand during the war, and after conscription was introduced, in early 1916, it fell to them to decide whether men might be given an exemption from military service.

It wasn’t that Joseph didn’t want to fight—he had, in fact, already enlisted for military service—he just didn’t want to fight right now. He had

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

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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