header-logo header-logo

20 November 2008
Issue: 7346 / Categories: Features , Local government , Public
printer mail-detail

Unheard pleas to the mother country...

Geoffrey Bindman recalls the injustice doled out to the victims of colonialism

The Chagos islanders have fought for years through the English courts to recover their right to live in their homeland, expropriated by their British colonial government to be used as a US airbase. Their efforts ended recently in a ruling by the House of Lords declining jurisdiction to right this longstanding injustice. It should not have been a surprise. Our courts have long denied redress to the victims of colonialism.

Constitutional ties
In 1982 I took a sabbatical and spent several months in California teaching at UCLA. Before I left London I had placed all my files in the hands of trusted colleagues but I continued to follow the progress of a few particularly interesting cases. Before my departure I had received instructions from the Saskatchewan Indians. They were concerned about a proposal to sever Canadian constitutional ties with the UK. Notwithstanding the establishment of Canada and the other Dominions as independent nation-states, there had survived after the Statute of Westminster

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll