Stephen Sedley

Stephen Sedley is a former judge of the High Court and the Court of Appeal, and visiting professor at Oxford.

In​ 1944, as Richard Kay records, an optimistic litigant challenged the validity of a Victorian statute under which he was being sued, on the ground that Queen Victoria, like all her predecessors since 1689, had had no title to the throne. The argument, which would have wiped the statute book almost clean, was dismissed without much ceremony; but in 1688 and 1689 it occupied the centre of...

The Right to Die

Stephen Sedley, 27 August 2015

When suicide was decriminalised in 1961, assisting suicide continued to be a crime. This was in part an acceptance of the theological view of suicide as murder, but it was also a recognition of the difficulty in many cases, with the main actor by definition unable to testify, of distinguishing assisted dying from culpable homicide. The simple binary system that resulted, however, failed to take account of cases in which the deceased’s wish to die was explicit, considered and rational, and the need for help in accomplishing it demonstrable.

I have no books to consult: Lord Mansfield

Stephen Sedley, 22 January 2015

In March​ 1718, 13-year-old William Murray, the 11th of Viscount Stormont’s 14 children, set off from the family seat at Scone, near Perth, on a pony. The journey to London, which he made alone, took him almost two months, and it is probable that he never saw Scotland again. Although it was a bare three years since the first Jacobite Rising had attempted to place the Old Pretender,...

From The Blog
7 July 2014

A decade after Dylan Thomas’s death, a lawsuit was brought by Caitlin Thomas on behalf of his estate to recover the manuscript of Under Milk Wood from Douglas Cleverdon. It was Cleverdon who had produced the play for BBC radio and had now put the manuscript on the market. The claim failed: the judge, Mr Justice Plowman, accepted Cleverdon’s case that Thomas had made him a gift of the manuscript. The story as it emerged at trial was this.

Not in the Public Interest

Stephen Sedley, 6 March 2014

In 1916 the secretary of the Anti-German Union, Sir George Makgill, a Scottish baronet of extreme right-wing views, brought judicial review proceedings to remove from the Privy Council two wealthy Jewish philanthropists, Sir Ernest Cassel (who had actually converted to Catholicism) and Sir Edgar Speyer, on the ground that, although both were British subjects, they were not British-born. A full court of the King’s Bench, presided over by the chief justice, Lord Reading, was assembled to hear the claim. It was opposed on behalf of the Crown by the attorney-general, F.E. Smith.

At Sunday mass in my North London parish there was recently imposed a ‘New People’s Mass’. It came suddenly and without warning. One week, we were all enjoying versions of the...

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In a narrow pass

Derek Hirst, 19 November 1992

Stephen Sedley and Lawrence Kaplan seek to map a new course for the post-socialist Left, and to turn attention away from that beguiling but now exploded theme, egalitarianism. The long fixation...

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