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02 February 2018 / David Locke
Issue: 7779 / Categories: Opinion
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Time to rebalance the scales?

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David Locke warns against the rush to abandon due process

If justice is a moveable feast, then due process is the only protection for individuals against the volatility of public opinion and those who depend upon popular support for their authority. We would do well to remember that in every real and imagined dystopian nightmare, it is the removal of due process which paves the way for the imposition of authoritarian control.

Defining justice

What is justice? Once you think you have a definition, contrive a hypothetical situation and put it to 12 of your peers. Ask them to explain what they consider would be a just outcome. Do this individually so there is no peer pressure and the chances are that you will get 12 different answers. At that point, noting the temptation to simply substitute your own judgment in the matter, return to the opening question and ask yourself once again: what is justice?

The exercise might persuade you that justice is just a mirage, always shifting gently and out of reach.

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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