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20 November 2008
Issue: 7346 / Categories: Features , Local government , Public
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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 of 1931 some residual powers in the UK Parliament. While

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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