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24 November 2016 / Chantal-Aimée Doerries KC
Issue: 7724 / Categories: Opinion , Profession
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The right to disagree

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We have a duty to defend & debate judicial independence & the rule of law, as Chantal-Aimée Doerries QC explains

John F Kennedy said: “Liberty without learning is always in peril and learning without liberty is always in vain.” I don’t agree entirely. Learning is always valuable, but I do agree that liberty is at risk, or in peril, without learning. As individuals, citizens and as lawyers, we have a responsibility to ensure that there is an awareness of, and appreciation for, the justice system in the UK. It is not easy to value something that is not understood.

As lawyers we occasionally take for granted that people understand how our justice system works, how judges reach their decisions, and the role advocates play in the process. Our justice system is not perfect, but it is among the best, and as a society we run the risk of taking for granted that it will continue to function.

We are fortunate: our judges will do what we ask of them, deciding cases brought to the

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NEWS

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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