You are here

Truth and justice versus certainty and finality

It seems inherently wrong that a solicitor facing adjudication proceedings should be sanctioned and face professional consequences if they’ve done nothing wrong, says Susanna Heley

31 July 2019

I wonder how many ‘(wo)men on the street’ ever give any thought to the difference between law, truth and justice?

Would it surprise them, do you think, that justice treats the need for certainty as more important than the need for truth?

That judges in an adversarial system are not tasked with finding ‘the truth’ but, instead, are more like referees?

This hierarchy lies at the root of certain aspects of our legal system, such as the inability of a judge to raise evidence of their own volition; and the restrictive approach taken in relation to introducing new evidence on appeal.

In a system based on finding truth, one would imagine that any new evidence should be admitted on appeal if it was relevant to matters in issue.

In a system based on certainty and finality, creating rules which restrict the introduction of new evidence as part of the appellate process is more understandable.

In an adversarial system, in the normal co...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.