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10 June 2020 / Dr Jon Robins
Issue: 7890 / Categories: Features , Criminal , Covid-19
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The jury’s out?

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Jon Robins examines the potentially damaging impact of the COVID-19 crisis on jury trials

Is nothing safe beyond the insidious reach of the COVID-19 pandemic? Last month we learned our right to trial by jury (‘The lamp that shows that freedom lives’, to use the well-worn Lord Devlin quote) could be trimmed for the first time since the Old Bailey was being pummelled during the Blitz.

Has the coronavirus changed the justice system forever? asked a recent headline in The Observer. The presumption of innocence was ‘an indispensable feature of our society’ and the jury its ‘lifeblood’, wrote Jeremy Dein QC in the letters pages of the same paper. ‘It must not become another victim of this crisis.’

That twelve good men (and women) and true be hemmed in, side-by-side, on their narrow benches for weeks on end before being confined to a wood-panelled jury room for deliberations is neither a practical nor tempting prospect in the age of coronavirus. So Lord Burnett, head of judiciary in

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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