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The abolition of slavery: why words don’t count

09 June 2023 / Malcolm Bishop KC
Issue: 8028 / Categories: Features , Equality , Human rights
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It’s not what was said but what others thought was said… Malcolm Bishop KC reflects on the abolition of slavery & the extraordinary legacy of Somerset

‘The air of England is too pure for a slave to breathe; let the black go free!’ These words of Lord Mansfield in the celebrated case of Somerset v Stuart have echoed down the ages as a landmark judgment in the history of the abolition of slavery. But there’s a slight difficulty. He never said it. In fact, it is not easy to discover what he did say, because in 1772 when the judgment was given the law reports had not yet attained the accuracy of later years. There was no court recordings and Mr Pitman’s shorthand had not yet been invented. Reporters took down what the judges said as best they could, as did newspapers who in those days would report in extenso the judgments of topical cases, and Mansfield’s famous words appear to have been taken from a

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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