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09 June 2023 / Malcolm Bishop KC
Issue: 8028 / Categories: Features , Equality , Human rights
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The abolition of slavery: why words don’t count

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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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