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09 June 2023 / Malcolm Bishop KC
Issue: 8028 / Categories: Features , Equality , Human rights
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The abolition of slavery: why words don’t count

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It’s not what was said but what others thought was said… Malcolm Bishop KC reflects on the abolition of slavery & the extraordinary legacy of Somerset

‘The air of England is too pure for a slave to breathe; let the black go free!’ These words of Lord Mansfield in the celebrated case of Somerset v Stuart have echoed down the ages as a landmark judgment in the history of the abolition of slavery. But there’s a slight difficulty. He never said it. In fact, it is not easy to discover what he did say, because in 1772 when the judgment was given the law reports had not yet attained the accuracy of later years. There was no court recordings and Mr Pitman’s shorthand had not yet been invented. Reporters took down what the judges said as best they could, as did newspapers who in those days would report in extenso the judgments of topical cases, and Mansfield’s famous words appear to have been taken from a

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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