header-logo header-logo

05 December 2025
Issue: 8142 / Categories: Legal News , Constitutional law , Criminal
printer mail-detail

NLJ this week: Jury trial & a constitutional illusion

237728
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

NLJ Career Profile: Greg Cox, Simpson Millar

NLJ Career Profile: Greg Cox, Simpson Millar

Simpson Millar CEO Greg Cox talks landmark cases, legal reform and why the profession is crying out for more simplicity

Winckworth Sherwood—Lee Ranford

Winckworth Sherwood—Lee Ranford

Partner joins team as head of restructuring

Burgess Mee—Susie Barter

Burgess Mee—Susie Barter

Family law firm strengthens offering with partner hire

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll