header-logo header-logo

11 October 2024 / Nisha Waller , Naïma Sakande
Issue: 8089 / Categories: Features , Discrimination , In Court
printer mail-detail

Right of reply: Back to unanimity?

192567
Nisha Waller & Naïma Sakande put the case for abolishing majority jury verdicts

Our research* on the racist and classist origins of majority jury verdicts considers why the principle of unanimity was abandoned in 1967 and explores the current implications of majority verdicts. In his recent NLJ article, Professor Michael Zander KC challenged our conclusion that racism and classism influenced the introduction of majority jury verdicts in England and Wales, and rejected our proposal to restore the principle of unanimity (see ‘Zander’s reflections’ (NLJ, 5 July 2024). Although we welcome Professor Zander’s response, as argument and counterargument only produce better knowledge, we would like to respond.

Do majority verdicts have racist & classist roots?

Yes. We considered findings covering extensive groups of archival material in coming to this conclusion. First, we looked at material covering race relations and the political climate in 1960s Britain. This material revealed a backdrop of public anxieties about immigration and the rise of anti-racist activism, with governments introducing successive legislation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll