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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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