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02 February 2024 / John Gould
Issue: 8057 / Categories: Opinion , Criminal
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Missing facts & legislative fictions

156474
Legislating to exonerate the subpostmasters would create an illusion of justice, says John Gould. The proper approach should be to speed up the process, not abandon it

There is a famous aphorism that hard cases make bad law. Hard cases are said to include those in which there is special hardship or public controversy. Hard cases, in the words of the American jurist and judge Oliver Wendell Holmes Jr, create ‘hydraulic pressures’, distorting the judgments of the justices. The judges’ oath, to be impartial and to take only the law, the facts and the evidence in the case into account, must be upheld even under the pressure of public sentiment or the judge’s own sympathy.

On the other hand, hard cases are the stock in trade of journalists and dramatists. Geoffrey Crowther, a long-serving editor of The Economist, is said to have advised young journalists to ‘simplify, then exaggerate’. There’s no point in writing if no one much reads what you have written. Dramatists and actors try to engage our feelings by

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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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