A New Job, and (Hopefully) a Return to the Blog

Last month I began a pupillage at Field Court Chambers. It is a civil set with a strong Public Law team, and I am enjoying spending time in the Court of Protection and the Administrative Court. The power of the state over the individual, and the rights that the individual might have against the exercise of state power, was a theme of my undergraduate studies and my career since (at least) 2007. 

So I find myself in a state of eudaimonia (εὐδαιμονία), the good spirit of feeling I am doing exactly what I should doing. I cannot wait to begin taking instructions and building a practice.

My new job has got me thinking about this old blog. My conversion to the law and subsequent legal work in the County Courts and for the Royal Borough of Greenwich has kept me away. 

The activism of writing was entirely in keeping with my work at English PEN. But in recent years, I felt I had to refrain. There were many reasons for this. 

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Democracy vs Ochlocracy

Simpsons Angry Mob

The Government’s hideous Rwanda asylum plan has been ruled unlawful by the Supreme Court.

Under the plan, people who applied for asylum in the UK after arriving via an irregular route would be deported to Rwanda, and have their claim processed there. Not everyone realised that successful applicants would be granted asylum in Rwanda.

My view is that the policy is wrong on the most fundamental level. We take far fewer refugees than we should, if they were dispersed proportionally throughout the world. There are reasons why people choose particular countries for their asylum claim and it’s often to do with prior links to that country. It’s absurd that a person who already has family living in the UK, and who applies to the UK government for asylum, should be sent elsewhere.

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Defamation Claims in 2020: A Libel Thaw?

Royal Courts of Justice in 1909

Just published on the International Forum for Responsible Media (Inforrm) Blogan article by yrstrly on what we can learn from the High Court defamation claims issued in 2020.

I scraped data from the HM Courts & Tribunal Service e-filing system and was able to extract some insights on how the Defamation Act 2013 and recent Court judgments have affected the kinds of claims made.

Libel Justice for Nowy Czas

Nowy Czas is a newspaper that serves the Polish community of London. It is edited by Grzegorz and Teresa Malkiewicz.

Back in 2015 they published an article about a businessman. They discussed his historic business dealings and bankruptcy, and expressed concern at his involvement with two charitable organisations: The POSK cultural centre in Hammersmith, and the Kolbe House Care home in Ealing.

The gentleman in question sued the newspaper for libel, and the case was heard in 2017. Nowy Czas successfully defended the article, using the defences of ‘substantial truth’ (Defamation Act 2013, section 2) and ‘public interest’ (section 4).

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Religious Freedom, Free Speech and Employment Rights: the case of Seyi Omooba

Seyi Omooba

Remember the Seyi Omooba controversy? Back in March 2019, she was cast as the lead in the Curve Theatre’s production of The Color Purple. Soon after this was announced, a Facebook post from 2014 emerged in which Omooba said that she believed homosexuality was a sin. Many people complained that someone with such beliefs would be cast to play an LGBT character such as Celie (who, after suffering abuse, falls in love with another woman).

Such was the furore that the theatre recast the role, and Ms Omooba was dropped by her agents. She took them both to an Employment Tribunal, claiming discrimination based on her religious beliefs. I wrote about the case at the time, asking whether homophobic views should receive any kind of special protection when veiled by religious belief. I also wondered why a five-year-old Facebook post had been ‘dredged up’ and whether Ms Omooba had ‘kept her views to herself’ or been sufficiently evangelical that it was appropriate that they affected her employment prospects.

Whenever there is a free speech controversy, many people like to parrot a common refrain: “Free speech does not mean freedom from consequences.”

This is true, but it’s also incomplete. Free speech does (or should) mean freedom from some consequences. For example, it can never be appropriate to murder cartoonists because of offensive drawings, or to issue a fatwa in response to a magical-realist novel that insults a particular religion.

Most free speech controversies that splatter themselves over the tabloids and Twitter timelines are really an argument about what consequences are appropriate for the perceived transgression.

Most people agree that the most extreme punishments are rarely, if ever, appropriate. No one should ever be subject to violence because of what they say or believe, and criminalising someone for what they have said should be limited to those who actively incite violence.

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