header-logo header-logo

27 October 2017 / David Hewitt
Issue: 7767 / Categories: Features , Profession
printer mail-detail

Who says it’s perverse?

nlj_7767_hewitt

David Hewitt reflects on the history & impact of perverse verdicts

It began when I was called for jury service, and I found myself thinking about Clive Ponting. I remember him emerging into a media scrum outside the Old Bailey, his breath hanging on the chilly air. He is wearing a raincoat, even though it is only February, and he looks tired.

The year was 1985, and Ponting had just been acquitted of breaching the Official Secrets Act after a two-week trial. He was said to have leaked classified documents about the sinking of an Argentinian warship, the General Belgrano , during the Falklands conflict. Crucially, he had admitted doing so.

It seemed to me that the implications of Ponting’s case had never been properly understood, and so I started to ask some questions.

The documents had been sent to Tam Dalyell, a Member of Parliament, and they revealed that the Belgrano had been heading away from the Royal Navy ‘taskforce’ when it was hit. That wasn’t, however, the official version, and it contradicted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll