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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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