July 2008

Lords judgment: R (Baiai) v Home Secretary

July 31, 2008

The other interesting judgment from the Lords in what Joshua Rozenberg thinks must have been a record output yesterday was in R (Baiai) v Home Secretary. This case is about section 19 of the Asylum and Immigration (Treatment of Claimants) Act 2004 and the government’s attempts to prevent “sham marriages” – those entered into in [...]

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Lords judgment: R (Corner House) v SFO

July 30, 2008

Today the Lords has given judgment bringing to an end the challenge by Corner House and the Campaign Against the Arms Trade to the SFO Director’s decision in December 2006 to discontinue the investigation into alleged corruption by BAe Systems in relation to the Al Yamamah defence contract with Saudi Arabia. I’ve written about this [...]

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R (Watkins-Singh) v Aberdare Girls’ High School

July 29, 2008

Sarika Watkins-Singh has today won her race and religious discrimination case against her school for refusing to allow her to wear the kara, a Sikh bracelet, and for excluding her for breaching the school’s no-jewellery uniform policy. Silber J’s judgment in this case is an important development in the law relating to the wearing of [...]

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Provocation: sentencing is the real issue

July 29, 2008

Julie Bindel in today’s Guardian (it’s been a Guardian week for me so far) welcomes in an anticipatory way proposals that are expected from the government to reform the law of provocation as it applies to murder. Well, all right. I dare say I’ll support these proposals; I certainly won’t oppose them. I accept that [...]

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The Southall Black Sisters case

July 28, 2008

Rahila Gupta in today’s Guardian writes about the victory of Southall Black Sisters in its judicial review a couple of weeks ago: Ealing Council had wanted to cut its support for the organisation in order to fund another means of domestic violence provision not targeted at black and Asian women. Well, it looks as though [...]

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Charon podcast: breach of privacy and the Max Mosley judgment

July 26, 2008

Charon interviewed me this morning about the Max Mosley case. We spoke about the development from old-style breach of confidence to what’s effectively a British privacy law, with the new extended right of action for breach of privacy, and the way the courts now determine whether someone’s privacy has been breached. We spoke about the [...]

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Nothing "landmark"

July 24, 2008

Eady J was keen to point out that, strictly speaking, his judgment in Max Mosley’s case does not involve any radical development of the law: It is perhaps worth adding that there is nothing “landmark” about this decision. It is simply the application to rather unusual facts of recently developed but established principles (para. 234 [...]

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The Max Mosley judgment

July 24, 2008

It’s available now thanks to the lovely BAILII. I’ve not read it yet: but I’ll post about it later today when I’ve had a chance to. From what the judge appears to have said it looks as though there’s nothing really legally new in it. That doesn’t mean it’s not important, though.

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Case C 303/06 Coleman v Attridge Law

July 17, 2008

The European Court of Justice has given a judgment today to the effect that the “Employment Directive”, 2000/78, which outlaws discrimination at work on grounds including disability, does not simply outlaw discrimination against disabled workers but extends to protecting the non-disabled mother of a disabled child. Sharon Coleman says that after she gave birth to [...]

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The Dwain Chambers case: the legal issues

July 14, 2008

On Wednesday we’ll hear whether Dwain Chambers has managed to get an injunction lifting his Olympic ban for drug cheating offences. I’ve no sympathy at all with Chambers – it’ll be a depressing day if he does manage to win, and will make the Olympics even less worth watching than it will be anyway. But [...]

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