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30 September 2020 / Satvinder S Juss
Issue: 7904 / Categories: Opinion , Constitutional law , Equality , Diversity , Human rights
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How the law came to support slavery

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Satvinder Juss investigates the shocking legal justifications that were used to excuse slavery

In the aftermath of the toppling of the slaver Edward Colston’s statue in Bristol, we saw the ambivalence of those who applauded this as a pivotal moment in understanding the wealth of our cities and those who saw it as violation of a historic heritage. The ensuing controversy, however, obscured the ambivalence of the law, which is yet to be fully investigated in this much overlooked period of our history. The five men who, on 7 June 2020, allegedly unseated the statute from its plinth during a Black Lives Matter demonstration, and rolled it into Bristol harbour, are set to acquire unexpected fame. This is because they have been given cautions on the condition they give evidence to the Mayor of Bristol’s History Commission.

Cartwrights Case in 1569 was the first recorded case of a slave before the English courts, and concerned a slave from Russia. The court famously ruled that the

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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