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07 August 2026
Issue: 8173 / Categories: Legal News , Rule of law , International , Public
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NLJ this week: What court losses reveal about government power

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Can government success in court tell us whether the rule of law is healthy? 

Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues that judicial win-loss records can provide a useful indicator, provided they are interpreted with care.

Drawing on evidence from the UK, US and India, he suggests neither extreme is desirable: governments that rarely lose may benefit from excessive judicial deference, while those that lose repeatedly may expose weak decision-making or excessive litigation.

He notes that 'the win-loss record is not the destination, but it is a meaningful signpost', and warns that statistics alone cannot measure judicial independence. Instead, they should sit alongside broader rule-of-law indicators to assess whether governments are genuinely constrained by law and citizens can obtain effective legal remedies.

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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