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In the Court of Appeal he was one of the first English judges to recognise the right of privacy as
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an aspect of human autonomy and dignity, and was influential in developing the now well-established
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principle of proportionality (which he described as a "metwand" for balancing competing rights) in
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the fields of human rights and judicial review. His dissenting judgments in two appeals in 2008
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concerning anti-terrorist measures were eventually to be vindicated on appeal to the House of Lords
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and in the first appeal to be heard by the Supreme Court in 2009. His judgment in the Chagos
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Islanders litigation developed the ambit of modern judicial review, and in a judgment in 2010 he
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developed his view that the basis for judicial review is to control abuse of power. He also made a
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number of judgments in the field of immigration and asylum law. Always interested in freedom of
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speech his judgments also made important contributions to the modernisation of libel law. His
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formulation of the real significance of freedom of expression in a case involving the unlawful
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arrest of a street preacher has been much quoted: "Free speech includes not only the inoffensive
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but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the
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provocative provided it does not tend to provoke violence. Freedom only to speak inoffensively is
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not worth having."
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Sedley's Laws of Documents
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He formulated what has come to be known as "Sedley's Laws of Documents" after experiencing the
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tribulations of litigation:
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Documents may be assembled in any order, provided it is not chronological, numerical or
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alphabetical.
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Documents shall in no circumstances be paginated continuously.
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No two copies of any bundle shall have the same pagination.
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Every document shall carry at least 3 numbers in different places.
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Any important documents shall be omitted.
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At least 10 per cent of the documents shall appear more than once in the bundle.
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As many photocopies as practicable shall be illegible, truncated or cropped.
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Significant passages shall be marked with a highlighter which goes black when photocopied.
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(a) At least 80 per cent of the documents shall be irrelevant. (b) Counsel shall refer in Court to
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no more than 5 per cent of the documents, but these may include as many irrelevant ones as counsel
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or solicitor deems appropriate.
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Only one side of any double-sided document shall be reproduced.
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Transcriptions of manuscript documents and translations of foreign documents shall bear as little
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relation as reasonably practicable to the original.
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Documents shall be held together, in the absolute discretion of the solicitor assembling them, by:
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a steel pin sharp enough to injure the reader; a staple too short to penetrate the full thickness
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of the bundle; tape binding so stitched that the bundle cannot be fully opened; or a ring or
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arch-binder, so damaged that the arcs do not meet.
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Important articles
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Sedley has provoked considerable debate about the role of government in collecting and keeping DNA
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samples. At present criminal suspects detained by the police in the UK are automatically given
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cheek swabs and their DNA kept, in perpetuity, by the government. This has created the situation
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where different races are differently represented in the United Kingdom National DNA Database. On
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the grounds that this situation is indefensible, Lord Justice Sedley discussed the case for a
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blanket DNA collection policy, including collecting samples from all visitors to the UK.
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Ian McEwan said of Ashes and Sparks: Essays on Law and Justice (Cambridge University Press, 2011)
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"you could have no interest in the law and read his book for pure intellectual delight, for the
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exquisite, finely balanced prose, the prickly humor, the knack of artful quotation and an
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astonishing historical grasp".
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In February 2012, the London Review of Books published an essay by Sedley in which he criticized
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soon-to-be Supreme Court Justice Jonathan Sumption's FA Mann lecture. In this lecture, Sumption had
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argued that the judiciary had overstepped the boundary between its legitimate judicial function and
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illegitimate political decision making in the context of the remedy of judicial review. The
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critique centred on Sedley's conceptions of the precise interplay of the judicial, legislative, and
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executive branches, and made reference to the grey areas within which Parliament had not expressed
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any set opinion.
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Notable appointments and offices Member, International Commission on Mercenaries, 1976
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Visiting professorial Fellow, Warwick University, 1981
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President, National Reference Tribunals for the Coalmining Industry, 1983–88
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Osgoode Hall, visiting fellow 1985 A director, Public Law Project, 1989–93
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Distinguished Visitor, Hong Kong University, 1992
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Chair, Bar Council sex discrimination committee, 1992–95
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Vice-President, Administrative Law bar Association, 1992–
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Hon. Fellow, Institute of Advanced Legal Studies, 1997–
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Laskin Visiting Professor, Osgoode Hall law school, Canada, 1997
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Visiting fellow, Victoria University, NZ, 1998
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President, British Institute of Human Rights, 2000–
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Chair, British Council Committee on Governance, 2002–05
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President, Constitutional Law Association, 2006–
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Visiting Professor, Faculty of Law, University of Oxford, 2012– Patron, Humanists UK
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Trustee, Rationalist Association, 2012–
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Published works
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Cases Counsel
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Miles v Wakefield Metropolitan District Council [1987] UKHL 15, representing employee, lost
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Johnstone v Bloomsbury Health Authority [1992] QB 333, representing employee, won
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Judicial opinions
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Ex parte Hamble (Offshore) Fisheries Ltd [1995] 2 All ER 714
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Redmond-Bate v Director of Public Prosecutions [1999] EWHC Admin 733
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In Plus Group Ltd v Pyke [2002] EWCA Civ 370
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Gwilliam v West Hertfordshire Hospital NHS [2002] EWCA Civ 1041, dissenting
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Collins v Royal National Theatre Board Ltd [2004] EWCA Civ 144, failure to make reasonable
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adjustments
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Dacas v Brook Street Bureau (UK) Ltd [2004] EWCA Civ 217, employee through agency had rights
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Allonby v Accrington & Rossendale College (2004) C-256/01, reference to CJEU
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Cream Holdings Ltd v Banerjee [2004] UKHL 44, dissenting in Court of Appeal, upheld by UKHL
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O'Hanlon v Revenue and Customs Commissioners [2007] EWCA Civ 283
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English v Sanderson Blinds Ltd [2008] EWCA Civ 1421, harassment
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BA (Nigeria) v Secretary of State [2009] 2 WLR 1370 (upheld by UKSC)
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Eweida v British Airways plc [2010] EWCA Civ 80, overturned by ECHR
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Buckland v Bournemouth University [2010] EWCA Civ 121, constructive dismissal of professor
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Autoclenz Ltd v Belcher [2011] UKSC 41, upheld by UKSC
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Concurrences Bairstow v Queens Moat Houses plc [2001] EWCA Civ 712 (concurring)
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Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2000] EWCA Civ 502, concurring
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Bailey v Ministry of Defence [2008] EWCA Civ 883 (concurring)
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See also UK labour law References
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External links The Guardian BBC Online The Daily Telegraph The Register
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1939 births Living people English judges English atheists English humanists
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English people of Jewish descent Lords Justices of Appeal Knights Bachelor
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Queen's Bench Division judges Alumni of Queens' College, Cambridge
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Members of the Privy Council of the United Kingdom
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Didier Ruef (born 1961) is a Swiss documentary photographer best known for his portrayal of man and