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    Hi

    This being my first attempt to start a thread on TSR, it may be a complete disaster with no interest from anyone else, but I haven't found anywhere else to discuss current legal issues in the run-up to interview season and thought other people might find this useful too? I'm applying for pupillages so starting to think about these issues.

    In particular, the dreaded interview question "what recent case do you think has been wrongly decided" might be a bit easier to answer if we pool our resources a bit and draw each other's attention to cases in the news that might be interesting!

    Anyway, I'll kick off with a few thoughts on recent cases so you know I'm genuinely trying to start a discussion and not just milking you all for your knowledge..

    COMMERCIAL LAW:

    I think the cases on bank charges might be interesting to talk about, in particular OFT v Abbey National & Others - do the charges fall within the remit of UTCCR or not (Court of Appeal vs Supreme Court).

    PUBLIC LAW:

    The Supreme Court decision in the Jewish Free School case threw up a lot of interesting public law issues, particularly in relation to religious discrimination being allowed in school admissions vs racial discrimation being prohibited. It was also interesting to me that the Supreme Court to some extent deferred to Jewish leaders themselves on whether Judaism was a race or religion.

    MEDIA LAW:

    Joseph v Spiller - 'fair comment' redefined as 'honest comment' and implications for modern media law.
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    (Original post by Barbarelle)
    Hi

    This being my first attempt to start a thread on TSR, it may be a complete disaster with no interest from anyone else, but I haven't found anywhere else to discuss current legal issues in the run-up to interview season and thought other people might find this useful too? I'm applying for pupillages so starting to think about these issues.

    In particular, the dreaded interview question "what recent case do you think has been wrongly decided" might be a bit easier to answer if we pool our resources a bit and draw each other's attention to cases in the news that might be interesting!

    Anyway, I'll kick off with a few thoughts on recent cases so you know I'm genuinely trying to start a discussion and not just milking you all for your knowledge..

    COMMERCIAL LAW:

    I think the cases on bank charges might be interesting to talk about, in particular OFT v Abbey National & Others - do the charges fall within the remit of UTCCR or not (Court of Appeal vs Supreme Court).

    PUBLIC LAW:

    The Supreme Court decision in the Jewish Free School case threw up a lot of interesting public law issues, particularly in relation to religious discrimination being allowed in school admissions vs racial discrimation being prohibited. It was also interesting to me that the Supreme Court to some extent deferred to Jewish leaders themselves on whether Judaism was a race or religion.

    MEDIA LAW:

    Joseph v Spiller - 'fair comment' redefined as 'honest comment' and implications for modern media law.
    Since you haven't had a response, I thought I would say something about the JFS case.

    This is a classic example of bad law being the result of the way the parties chose to argue their respective cases. The applicant wanted to get his child into the school and so was not gong to argue a case that didn't have that outcome. The school wanted to keep the status quo and therefore did not want to argue a case that won the battle but lost the war.

    All the time, there was a much better solution to the JFS problem that was not put before the court.

    JFS had a preference for Jews. The over-subscription meant that in practice only Jews were admitted. The applicant's wife was a Jewish convert and since Judaism is matrialineal, this was decisive as to the child's Jewishness. Jewishness was judged by the Chief Rabbi who only accepted converts who were converted by orthodox rabbis. The mother was not converted by such a rabbi, hence the child was not Jewish. Was this discriminatory?

    The unspoken issue was this. The school was a school for Jews not a school for orthodox Jews. If it was a school for orthodox Jews there was nothing wrong in the Chief Rabbi, as the designated authority on orthodox Judaism determining whether the person was an orthodox Jew.

    However it is one thing for a religious authority to determine who is a member of that community. It is another thing for a religious authority to determine who is a member of a different religious community.

    The mother and child were reform or liberal Jews. They do not recognise the authority of the Chief Rabbi. Why should the question of whether they were valid members of their religious community be determined by the Chief Rabbi? One would not expect the decision over whether someone was or was not a Methodist to be referred to the Pope. In a Catholic school it should be irrelevant whether a person is a Muslim or a Methodist. They are both non-Catholics. In a Christian school one would expect whether someone was a Methodist to be determined by the tenets of Methodism not Catholicism.

    The case should have been decided on the basis that JFS's admissions criteria were irrational in submitting decisions about membership of religious groups to persons who were not qualified to determine membership of that group.

    That would have left JFS with the choice of either becoming an orthodox Jewish school and keeping determination by the Chief Rabbi or remaining an inclusive school but having separate methods of determining whether a person is an orthodox, liberal or reform Jew which are inclusive to their respective religious traditions.
 
 
 
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