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01 August 2014 / James Wilson
Issue: 7617 / Categories: Features
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Crossing boundaries

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James Wilson revisits the landmark discrimination case of Constantine v Imperial Hotel

One of the best-known discrimination cases in recent years concerned the proprietors of a B&B wanting to impose conditions on the rooms they were prepared to let to guests. In Bull v Hall [2013] UKSC 73, the Supreme Court eventually ruled that the proprietors were not permitted lawfully to refuse to let a room with a double bed to a same-sex couple, despite the proprietors’ sincerely-held religious beliefs about marriage. The ruling was not without controversy, but it was certainly not disputed that as a general proposition people should not be discriminated against on the basis of arbitrary factors such as gender, orientation or race.

Seven decades ago, however, things were rather different. None of the modern legal weapons against such discrimination existed. Thus, when the famous cricketer Learie Constantine was turned away from a hotel during the Second World War for no reason other than the colour of his skin, his remedies at law were much more limited. But he went on

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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