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11 October 2024 / Nisha Waller , Naïma Sakande
Issue: 8089 / Categories: Features , Discrimination , In Court
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Right of reply: Back to unanimity?

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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

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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