The United Kingdom Supreme Court today handed down its judgment in the case of R (UNISON) v Lord Chancellor – a case about the charging of Employment Tribunal Fees. The court ruled that the way the government was charging fees for tribunal claims hampered access to justice, and was therefore unlawful. A defeat for the government and a success for UNISON, the union that brought the case.
The Court’s judgment [PDF] is 42 pages long, but lawyers on Twitter have been urging everyone to read the section entitled ‘The constitutional right of access to the courts’. Lord Reed, writing the unanimous verdict, reminds us that access to the courts is “inherent in the rule of law” and that the people, even those of slender means, must be able to access the courts in order to have the laws passed by parliament enforced. Continue reading “People Are Sharing This UK Supreme Court Judgment And It’s Democratic AF”
The Supreme Court gave free speech a boost last week when it handed down its ruling in a case known as MLA v OPO, and lifted an injunction prohibiting publication of an autobiography.
The case concerned Instrumental, a memoir by the classical pianist James Rhodes. The book includes graphic accounts of the sexual abuse that Rhodes suffered as a young boy, and how music helped him to overcome the mental health issues he suffered as a result. Rhodes ex-wife sought the injunction on behalf of their son, who as Aspergers Syndrome. She argued that, were their son to read the book, it would cause him significant psychological harm. Relying on 19th century case law, she argued that publication would be to knowingly cause this distress, for which her son would have an action in civil law.
The Court of Appeal had accepted this argument and put an injunction in place, even going so far as to provide a schedule of excerpts from the book that should be removed before publication would be allowed. But on Wednesday the Supreme Court ruled unanimously that this was an error. Continue reading “James Rhodes wins at the Supreme Court”