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19 January 2024 / Dr Graham Zellick CBE KC FAcSS
Issue: 8055 / Categories: Opinion , Criminal
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Post Office litigation: Return to sender?

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Graham Zellick believes the government is wrong to annul the subpostmasters’ convictions by legislation

After years of indifference and torpor concerning the improper prosecutions by the Post Office of its staff for theft, fraud and false accounting based on the defective Horizon IT system, rightly described by the Prime Minister as the worst miscarriage of justice scandal in British legal history, along comes a television drama (Mr Bates vs The Post Office), which overnight provoked the government into frenetic hyperactivity.

It all began promisingly enough, with the Lord Chancellor Alex Chalk stating that exceptional methods would be invoked only once it had been concluded that all other possibilities had been exhausted, and the senior judges would of course be consulted. Within a day or so, however, the government had nailed its colours to the mast of exceptionality, committing itself to a blanket quashing of the convictions by legislation—an unprecedented and unconstitutional process that is misguided, unnecessary and problematic.

If only it had drawn breath,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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
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