British Airways Board v Laker Airways Ltd 1984 OB 142
Citation:British Airways Board v Laker Airways Ltd 1984 OB 142
Rule of thumb 1: Should a Judge comment on a matter of political debate? No, a Judge should not be seeking to make any comment on political debates & must be apolitical.
Rule of thumb 2: Should the Government or Parliament be commenting upon cases in the Courts? No, Government & Parliament should not pass comment on any matter currently in the Courts – the Judge should be free from any interference when making their decision.
Background facts:
Parties argued:
Judgment:
‘It is a matter of constitutional importance that the Courts should be wholly independent of the executive, and they are. Thus, whilst the Judges, as private citizens, will be aware of the policy of the government of the day, in the sense of its political purpose, aspirations and programme, these are not matters which are in any way relevant to the Courts’ decision and are wholly ignored’, Sir John Donaldson Master of the Rolls at 193
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.