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05 December 2025
Issue: 8142 / Categories: Legal News , Constitutional law , Criminal
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NLJ this week: Jury trial & a constitutional illusion

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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

Although the UK has no codified constitutional rights, Zellick notes that generations of judges—Coke, Blackstone, Devlin, Denning and others—have treated jury trial as a fundamental safeguard woven into the nation’s legal and political history.

While there may be no formal constitutional right, the jury has long been viewed as a cherished public protection whose erosion demands the highest scrutiny. He criticises Leveson for treating the absence of entrenched rights as permission for sweeping reform, and ignoring the jury’s profound symbolic and practical role.

Any reform, he warns, must bear a heavy justificatory burden, given the system’s Grade-I-listed constitutional pedigree.

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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