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18 January 2007 / Steven Raeburn
Issue: 7256 / Categories: Features , Media
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What happened to respect?

Steven Raeburn exposes the uneasy consequences of the baser elements of journalism

In November 2006, Luke Mitchell—sentenced to life imprisonment for the murder of teenager Jodi Jones—won the right to have his appeal heard outside Edinburgh (see HMA v Luke Muir Mitchell  [2006] HCJAC 84). The decision passed largely without remark, but this move quietly signifies a nadir in the relationship between the criminal courts and the media. The fact that it is believed necessary to move the location of the appeal at all, is due to the adverse publicity which accompanied the original trial. In anticipation of feverish coverage generating a storm of indignant interest, Mitchell’s defence team, led by Donald Findlay QC, aim to pre-emptively avoid negative press in the city. Such is the confidence Scottish legal practitioners have in their own media.

Prejudice

In considering the attitude of the newspapers in general, Findlay believes the level of coverage can be dangerously prejudicial, particularly before the point of any arrest. “That is the worrying area. How you strike a balance between

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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