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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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