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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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MOVERS & SHAKERS

Payne Hicks Beach—Flora Hussey

Payne Hicks Beach—Flora Hussey

Private client department announces partner hire

Blake Morgan—Daniela Smith & Lee Fisher

Blake Morgan—Daniela Smith & Lee Fisher

Firm appoints first joint heads of Wales office

Ogier—Heidi Sandy & Farrah Sbaiti

Ogier—Heidi Sandy & Farrah Sbaiti

Global dispute resolution team promotes two partners in Guernsey and Cayman Islands

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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