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01 September 2017 / Sir Geoffrey Bindman KC
Issue: 7759 / Categories: Features , Profession
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The Rule of Law fights back

Lord Reed’s masterly analysis in Unison is a triumph for access to justice. But what next, asks Geoffrey Bindman

If, in the words of Abraham Lincoln, government is of the people, by the people and for the people, the independent role of the courts and the judiciary is crucial. The executive functions of government, exercised by the cabinet, moderated only partially by elected members of Parliament, must be carried out lawfully, and it is the job of the judges to make sure they are.

The Supreme Court has now ruled in favour of a challenge by the trade union Unison to the imposition of fees (by the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893)) on those seeking justice in the employment tribunals (see p 11). Its decision to declare charging fees for access to the tribunals illegal is of fundamental constitutional importance. Judges are no longer merely the interpreters of the law. Nor is their responsibility limited to seeing that it is enforced. The law,

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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