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Jonathan Crow, QC, of 4 Stone Buildings, acted for the Government in its successful appeal against a previous court decision that the former residents of the Chagos Islands could return there after 35 years in exile. The House of Lords ruled that the Foreign Secretary was entitled to take into account “the possibility the Chagossians would call on the UK to support the economic, social and educational advancement of the residents”.
What were the main challenges in this case?
Ensuring that the legal argument focused on the right issue: the origins of the complaint lay in the behaviour of the Government 30 to 40 years ago, which Lord Rodger of Earlsferry described as “in many respects disgraceful”. But that was not what the case was about. That was history. The question in the appeal was whether a decision taken in 2004 preventing a return to the islands was lawful. They had been uninhabited since 1973, there were no houses, no infrastructure to support civilised life and only limited clean water. The question was complicated by the presence of a US military base in the same group of islands.
What are the possible implications?
In practical terms, the case will affect the Chagossian people, the British taxpayer and the UK’s international relations with the US. In legal terms, the most significant issues relate to the judicial review of prerogative legislation, and the legal relationship between the UK and its overseas territories.
What was your worst day as a lawyer?
Any day I lose a case.
What was your most memorable experience?
The first time I argued an appeal in the House of Lords, nearly 20 years ago when I was only eight years’ call. It was a different place then.
Who has been the most influential person in your life and why?
My parents taught me the value of independent thought. My successive heads of chambers have taught me that it is possible to take the job seriously, without taking yourself too seriously.
Why did you become a lawyer?
It was an accident. I read history at university and took the conversion course while I looked for a job. Everyone told me the Bar was fiercely competitive, or that it was about to be abolished, so I stuck it out through sheer bloody-mindedness.
What would your advice be to anyone wanting a career in law?
Do not read law at university. We need to remember that it is a tool for achieving right results, not a master to be obeyed in producing clever but unhelpful arguments. Coming to the law late and from the outside helps to maintain the right perspective.
If you had not become a lawyer, what would you have chosen and why?
Publishing. I love books. I would read a telephone directory if there were nothing else to hand.
Where do you see yourself in ten years’ time?
Hopefully, answering the same question again.
l_tsang@hotmail.com
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