A solemn end to a difficult year

A solemn end to a difficult year

It has been another difficult year for us all as the threat from the virus ebbs and flows. Against this backdrop, the ideological fault lines in wider society have become clearly visible in the legal profession too: whether in debates about the powers of the executive and judiciary or the presumption of innocence and role of juries, carefully considered views are out of fashion.

The exchanges over the ‘not proven’ verdict, which is likely to be abolished to much fanfare next year, continue. Elsewhere, the press has given voice to arguments that seek the same outcomes, but for ideological reasons. It is intellectually unbecoming of lawyers to endorse poor reasoning, whether it is made for or against the verdict.

As for juries, they are, in the modern parlance, in danger of being ‘cancelled’. What would have seemed scarcely believable a few years ago is coming to pass. As the historian Barbara Tuchman says, “In the midst of events there is no perspective” and as we learned in school, such changes do not occur in the singular. Whatever the resolution of these problems, it will be made politically, not rationally.

This month, however, has been particularly difficult for the legal community as it bore the loss of a senior lawyer held in great affection by all: Stephen O’Rourke QC, to whom we pay tribute in our final edition of the year. Restrictions prevent us from honouring him in person but SLN includes today some thoughts from his friends and colleagues. The comments are from those who could say something – there are many more for whom the pain is still too great to say anything. Yet what we record here proves that our little jurisdiction has a big heart and that Stephen’s name will never be forgotten. As Lord Hodge counsels readers today: we must look after one another. Hard times are the rule, not the exception; these are ours.

We look forward to seeing you again in 2022. Merry Christmas and a Happy New Year.

Kapil Summan
Editor

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