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11_32 | In the Court of Appeal he was one of the first English judges to recognise the right of privacy as |
11_33 | an aspect of human autonomy and dignity, and was influential in developing the now well-established |
11_34 | principle of proportionality (which he described as a "metwand" for balancing competing rights) in |
11_35 | the fields of human rights and judicial review. His dissenting judgments in two appeals in 2008 |
11_36 | concerning anti-terrorist measures were eventually to be vindicated on appeal to the House of Lords |
11_37 | and in the first appeal to be heard by the Supreme Court in 2009. His judgment in the Chagos |
11_38 | Islanders litigation developed the ambit of modern judicial review, and in a judgment in 2010 he |
11_39 | developed his view that the basis for judicial review is to control abuse of power. He also made a |
11_40 | number of judgments in the field of immigration and asylum law. Always interested in freedom of |
11_41 | speech his judgments also made important contributions to the modernisation of libel law. His |
11_42 | formulation of the real significance of freedom of expression in a case involving the unlawful |
11_43 | arrest of a street preacher has been much quoted: "Free speech includes not only the inoffensive |
11_44 | but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the |
11_45 | provocative provided it does not tend to provoke violence. Freedom only to speak inoffensively is |
11_46 | not worth having." |
11_47 | Sedley's Laws of Documents |
11_48 | He formulated what has come to be known as "Sedley's Laws of Documents" after experiencing the |
11_49 | tribulations of litigation: |
11_50 | Documents may be assembled in any order, provided it is not chronological, numerical or |
11_51 | alphabetical. |
11_52 | Documents shall in no circumstances be paginated continuously. |
11_53 | No two copies of any bundle shall have the same pagination. |
11_54 | Every document shall carry at least 3 numbers in different places. |
11_55 | Any important documents shall be omitted. |
11_56 | At least 10 per cent of the documents shall appear more than once in the bundle. |
11_57 | As many photocopies as practicable shall be illegible, truncated or cropped. |
11_58 | Significant passages shall be marked with a highlighter which goes black when photocopied. |
11_59 | (a) At least 80 per cent of the documents shall be irrelevant. (b) Counsel shall refer in Court to |
11_60 | no more than 5 per cent of the documents, but these may include as many irrelevant ones as counsel |
11_61 | or solicitor deems appropriate. |
11_62 | Only one side of any double-sided document shall be reproduced. |
11_63 | Transcriptions of manuscript documents and translations of foreign documents shall bear as little |
11_64 | relation as reasonably practicable to the original. |
11_65 | Documents shall be held together, in the absolute discretion of the solicitor assembling them, by: |
11_66 | a steel pin sharp enough to injure the reader; a staple too short to penetrate the full thickness |
11_67 | of the bundle; tape binding so stitched that the bundle cannot be fully opened; or a ring or |
11_68 | arch-binder, so damaged that the arcs do not meet. |
11_69 | Important articles |
11_70 | Sedley has provoked considerable debate about the role of government in collecting and keeping DNA |
11_71 | samples. At present criminal suspects detained by the police in the UK are automatically given |
11_72 | cheek swabs and their DNA kept, in perpetuity, by the government. This has created the situation |
11_73 | where different races are differently represented in the United Kingdom National DNA Database. On |
11_74 | the grounds that this situation is indefensible, Lord Justice Sedley discussed the case for a |
11_75 | blanket DNA collection policy, including collecting samples from all visitors to the UK. |
11_76 | Ian McEwan said of Ashes and Sparks: Essays on Law and Justice (Cambridge University Press, 2011) |
11_77 | "you could have no interest in the law and read his book for pure intellectual delight, for the |
11_78 | exquisite, finely balanced prose, the prickly humor, the knack of artful quotation and an |
11_79 | astonishing historical grasp". |
11_80 | In February 2012, the London Review of Books published an essay by Sedley in which he criticized |
11_81 | soon-to-be Supreme Court Justice Jonathan Sumption's FA Mann lecture. In this lecture, Sumption had |
11_82 | argued that the judiciary had overstepped the boundary between its legitimate judicial function and |
11_83 | illegitimate political decision making in the context of the remedy of judicial review. The |
11_84 | critique centred on Sedley's conceptions of the precise interplay of the judicial, legislative, and |
11_85 | executive branches, and made reference to the grey areas within which Parliament had not expressed |
11_86 | any set opinion. |
11_87 | Notable appointments and offices
Member, International Commission on Mercenaries, 1976 |
11_88 | Visiting professorial Fellow, Warwick University, 1981 |
11_89 | President, National Reference Tribunals for the Coalmining Industry, 1983β88 |
11_90 | Osgoode Hall, visiting fellow 1985
A director, Public Law Project, 1989β93 |
11_91 | Distinguished Visitor, Hong Kong University, 1992 |
11_92 | Chair, Bar Council sex discrimination committee, 1992β95 |
11_93 | Vice-President, Administrative Law bar Association, 1992β |
11_94 | Hon. Fellow, Institute of Advanced Legal Studies, 1997β |
11_95 | Laskin Visiting Professor, Osgoode Hall law school, Canada, 1997 |
11_96 | Visiting fellow, Victoria University, NZ, 1998 |
11_97 | President, British Institute of Human Rights, 2000β |
11_98 | Chair, British Council Committee on Governance, 2002β05 |
11_99 | President, Constitutional Law Association, 2006β |
11_100 | Visiting Professor, Faculty of Law, University of Oxford, 2012β
Patron, Humanists UK |
11_101 | Trustee, Rationalist Association, 2012β |
11_102 | Published works |
11_103 | Cases
Counsel |
11_104 | Miles v Wakefield Metropolitan District Council [1987] UKHL 15, representing employee, lost |
11_105 | Johnstone v Bloomsbury Health Authority [1992] QB 333, representing employee, won |
11_106 | Judicial opinions |
11_107 | Ex parte Hamble (Offshore) Fisheries Ltd [1995] 2 All ER 714 |
11_108 | Redmond-Bate v Director of Public Prosecutions [1999] EWHC Admin 733 |
11_109 | In Plus Group Ltd v Pyke [2002] EWCA Civ 370 |
11_110 | Gwilliam v West Hertfordshire Hospital NHS [2002] EWCA Civ 1041, dissenting |
11_111 | Collins v Royal National Theatre Board Ltd [2004] EWCA Civ 144, failure to make reasonable |
11_112 | adjustments |
11_113 | Dacas v Brook Street Bureau (UK) Ltd [2004] EWCA Civ 217, employee through agency had rights |
11_114 | Allonby v Accrington & Rossendale College (2004) C-256/01, reference to CJEU |
11_115 | Cream Holdings Ltd v Banerjee [2004] UKHL 44, dissenting in Court of Appeal, upheld by UKHL |
11_116 | O'Hanlon v Revenue and Customs Commissioners [2007] EWCA Civ 283 |
11_117 | English v Sanderson Blinds Ltd [2008] EWCA Civ 1421, harassment |
11_118 | BA (Nigeria) v Secretary of State [2009] 2 WLR 1370 (upheld by UKSC) |
11_119 | Eweida v British Airways plc [2010] EWCA Civ 80, overturned by ECHR |
11_120 | Buckland v Bournemouth University [2010] EWCA Civ 121, constructive dismissal of professor |
11_121 | Autoclenz Ltd v Belcher [2011] UKSC 41, upheld by UKSC |
11_122 | Concurrences
Bairstow v Queens Moat Houses plc [2001] EWCA Civ 712 (concurring) |
11_123 | Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2000] EWCA Civ 502, concurring |
11_124 | Bailey v Ministry of Defence [2008] EWCA Civ 883 (concurring) |
11_125 | See also
UK labour law
References |
11_126 | External links
The Guardian
BBC Online
The Daily Telegraph
The Register |
11_127 | 1939 births
Living people
English judges
English atheists
English humanists |
11_128 | English people of Jewish descent
Lords Justices of Appeal
Knights Bachelor |
11_129 | Queen's Bench Division judges
Alumni of Queens' College, Cambridge |
11_130 | Members of the Privy Council of the United Kingdom |
12_0 | Didier Ruef (born 1961) is a Swiss documentary photographer best known for his portrayal of man and |
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