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11 May 2018
Issue: 7792 / Categories: Features
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The common touch

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Michael Nash considers the history & complexities of the Commonwealth & salutes a fine British tradition

Titles are curious things. They come and go. Some seem permanent, others transitory or vainglorious, or, indeed, meaningless. The title King (or Queen) of France, for example, was borne by English and then British sovereigns long after control of any territory in France had disappeared. Only when sense prevailed at the Treaty of Amiens in 1802 was the title at last surrendered; it had had no meaning since 1558.

Such seemed to be the position in 1948, when the title ‘Emperor of India’ was given up, and there seemed to be a title vacuum, so to speak. India had become a republic but it wished to remain within what is now referred to as ‘The Commonwealth’, but what would be the relationship of the king to this body? Thus the title ‘Head of the Commonwealth’ was devised by the London Declaration of 1949, and King George VI was the first to bear this title. But what did it mean? What was the

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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