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22 November 2018 / Dr Jon Robins
Issue: 7818 / Categories: Features , Criminal
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A story of injustice

It’s time to come clean about miscarriages of justice & mistakes denied, says Jon Robins

Talk about the prevalence of miscarriages of justice these days is often met with an eye-roll accompanied by the suspicion that you are wildly over-stating your case. The Guardian ’s veteran crime correspondent Duncan Campbell once noted the widely-held assumption that after the Birmingham Six, Guildford Four, Bridgewater Three et al, all cases that began in the 1970s: ‘The days of miscarriages of justice were over. Not so.’

To some extent, this year’s stream of disclosure scandals beginning with the Liam Allan case has assisted in re-educating the public as to the frailties of our impoverished justice system and its propensity to make serious mistakes.

And yet even leading lawyers insist that miscarriages of justice don’t occur. At the start of the year, the Director of Public Prosecutions (DPP), Alison Saunders informed the BBC Radio 4’s Today programme that, in her view, there were no innocent people in prison as a result of failures to disclose.

It was

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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