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13 March 2008 / Roger Smith
Issue: 7312 / Categories: Opinion , Public , Legal services , Constitutional law
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Winter ends with some maverick voices and an unlikely DNA trio

The NLJ column

February and March are always good months for lectures. The long evenings keep people inside. This season provided a good crop of images on the current hot topic on the circuit, the role of the judiciary. Rick Rawlings, newly inaugurated as the head of UCL’s law school, added “spaghetti junction” as a model for how judicial review is melding different historical sources—the European Union, European Court of Human Rights, private international law, the common law and various truncated statutory forms. From the consequent mix, the European concept of proportionality rises triumphant over old-fashioned, domestic rationality— desirable or not according to your view.

 

ALTERED STATES

Meanwhile, Professor Aharon Barak, once chair of the Israeli Supreme Court, waxed lyrical in the second Law Commission lecture. Judges, he argued, even in extremis, should avoid allowing the state to assume additional powers during times of emergency. To do so was like “leaving a loaded gun around” and “courts should reflect history not hysteria”.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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