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02 February 2024
Issue: 8057 / Categories: Legal News , Criminal
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NLJ this week: Post Office injustice & the court of public opinion

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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
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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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