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12 November 2021 / Dr Jon Robins
Issue: 7956 / Categories: Opinion , Legal aid focus , Profession
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Time for some shock therapy?

63502
Post-2010 & the damage done to our criminal justice system: Jon Robins reviews calls for the reinstatement of areas of social welfare law

The ‘Shock Doctrine’ thesis was advanced by the Canadian author Naomi Klein to describe the process by which governments exploit crises (disasters or upheavals) to force through controversial policies while citizens are too preoccupied to resist what would previously have been thought unacceptable. The phrase comes from the ‘shock and awe’ visited upon Iraq in the 2003 invasion and the subsequent remodelling of the country’s economy. In other words, a crisis (9/11) becomes an opportunity (mass privatisation and fresh new markets for US companies).

It’s an idea that the legal academic Dr Hannah Quirk persuasively adopts in her essay: Shock Therapy and The Criminal Justice Casualties of Covid-19 (King’s Law Journal, Volume 32, 2021–Issue 1). The ‘crisis’ is the pandemic and the ‘opportunity’ here is a chance to knobble trial by jury. ‘The criminal justice system has not been short of controversial, and mostly

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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