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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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