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17 February 2017 / Alec Samuels
Issue: 7734 / Categories: Features
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Wide of the mark?

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Is there a judge’s jurisdictional problem, asks Alec Samuels

Lawyers tend to think in terms of civil or family or criminal. New QCs are classified in this way. The High Court is divided into Queen’s Bench, Family and Chancery, though subdivisions appear such as Admiralty, Commercial, Technology and Construction, and Planning in the Queen’s Bench, Court of Protection in Family, and Companies and Bankruptcy and Patents in Chancery. Public law and human rights law come largely by way of judicial review through the Administrative Court. Increasingly today the practitioner tends to specialise more and more in an ever-narrowing area of work, particularly the barrister but also, albeit to a lesser extent, the solicitor. The practitioner responds to the demands and opportunities of the market. Legal life seems to be getting ever more complicated—and specialised.

Diverse work

Now it is most unlikely that the judge can remain anything like so specialised. The circuit or county court judge may be largely civil or largely criminal, but usually he may be called upon to handle almost any case.

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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