News and Events

Lawal: House of Lords Decision

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I have just been told by John Bowers QC of Littleton Chambers that the House of Lords has overturned the Court of Appeal's decision in Lawal v Northen Spirit.

This means that the well-known employment QCs who sit as recorders in the EAT are no longer allowed to do so (unless they give up appearing as advocates in the EAT), due to the risk that they lay members with whom they sit will be influenced into confusing their status as advocate with judge.

The transcript is not yet on the House of Lords website: I will post a fuller summary once it is placed up there. I also understand judgment in MacDonald v Ministry of Defence (whether sexual orientation is sex discrimination under the SDA 1975) and Pearce v Mayfield (the same issue) are due for judgment today.