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Missing facts & legislative fictions

02 February 2024 / John Gould
Issue: 8057 / Categories: Opinion , Criminal
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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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged
The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX
The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment
The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language
The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers
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