header-logo header-logo

02 February 2024
Issue: 8057 / Categories: Legal News , Criminal
printer mail-detail

NLJ this week: Post Office injustice & the court of public opinion

156474
Hard cases make bad law, as the saying goes, and the Post Office Horizon scandal certainly makes for a hard case

In this week’s NLJ, John Gould, senior partner, Russell-Cooke, considers the ‘legislative shortcut’ taken by Parliament in bringing forward legislation to exonerate subpostmasters convicted via the inaccurate evidence of the flawed Horizon accounting system.

He writes: ‘Governments should never use parliamentary majorities to declare judicial outcomes without a judicial process. It doesn’t matter how convinced those voting are about guilt or innocence. As a principle, this is about as old and fundamental as any of the principles supporting the rule of law.’

While everyone would want to put right the glaring injustice suffered by the subpostmasters, and while the government has emphasised this remedy is an exception, it still creates risks, Gould argues. He points out: ‘At the very least, it creates a precedent of declaring exceptions. Exceptions have a habit of accumulating.’ 

Issue: 8057 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll