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Nightingale courts: challenges, dangers & ethics

03 September 2021 / David Langwallner
Issue: 7946 / Categories: Features , Covid-19 , Criminal , Profession
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Law in the hotel lobby: David Langwallner examines the dilemmas arising from the relocation of trials to temporary courtrooms

A nightingale is a rural migratory Songbird known for the quality of its voice, less in evidence in the UK as bird stocks decline. The government established Nightingale courts last year—presumably in recognition of Florence Nightingale and her work during the Crimean War, rather than dulcet-toned barristers.

In Richard Cavendish’s monograph ‘The Crimean War’ (History Today, Volume 54 Issue, 3 March 2004) he argues that the war displayed great confusions of purpose and motivations, and in a remark curiously prescient to our time: ‘never did such incompetence led to so much social butchery’. It lasted two years, five months and 14 days with over half a million dead. The coronavirus began in Wuhan in December 2019.

Blurred lines

The Nightingales formed part of government plans to ensure courts could recover from the coronavirus pandemic as soon as possible and (with emphasis added from the government website) to

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MOVERS & SHAKERS

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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