Articles
This page contains an index listing of selected articles and papers written by members of Blackstone Chambers.
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The State of the Jurisdiction: Lord Bingham's Legacy
Michael Fordham QC illustrates and celebrates Lord Bingham’s contribution to administrative law.
This was a paper for the The Second Annual Hart Judicial Review Conference, on 12 December 2008.
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Economic crisis - the potential employment issues
With the effects of the credit crunch starting to percolate down to both employers and employees alike, Victoria Windle and Simon Pritchard highlight some issues of interest to employment lawyers.
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The Employment Equality (Age) Regulations 2006 are now two years old, and have been taking their first, faltering steps
Case C-388/07 R (Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform (23 September 2008, not yet reported).
Chief Constable of West Yorkshire v Homer UKEAT/0191/08/RN (27 October 2008, not yet reported).
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No Sex Discrimination in Utopia
An employee who worked for three years in Paris, then for the same company in London for two years, could not bring claims of sex discrimination in relation to her time in Paris.
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Applicable Law ‘Shopping’? Rome II and Private Antitrust Enforcement in the EU
Article on applicable law shopping. First published in Competition Law Journal (Comp. L.J. 2008 7 (3), 251-260)
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Corruption versus National Security: what role for the Rule of Law?
The December 2006 decision to discontinue the corruption probe into BAE Systems Plc over the Al Yamamah arms contract plunged the Serious Fraud Office into political controversy. However, whilst the recent House of Lords judgment upholding the decision may help bring the political fallout to an end, the legal fallout has only just begun.
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Procedural fairness & drug approvals
In R (Eisai Ltd) v National Institute for Health and Clinical Excellence [2008] EWCA Civ 438, the Court of Appeal determined the extent to which the principles of procedural fairness apply to decisions to recommend certain drugs for use in the National Health Service.
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R (Gentle and another) v Prime Minister and others
Article 2 ECHR creates no duty on the state to investigate with due diligence, before waging a war, the legality of the war under international law.
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Accepting a breach of the obligation of trust and confidence
RDF Media v Clements: A hard fought case where both parties’ actions would have amounted to a breach of trust and
confidence permitting the other to terminate the employment contract summarily. -
No reverse burden race cases concerning discrimination on grounds of colour
A recent EAT decision upholding the current two-tier system in discrimination claims has exposed a flaw in the Race Relations Act 1976, which requires necessary and urgent reform.
