Trials and Tribulations: Uncommon Tales of the Common Law

by James Wilson (Contributor)

Why are court cases such a fertile source for writers of fiction and non-fiction alike? For a start, they usually have a beginning, middle and end; and a ready cast of characters playing defined roles. They always have an inherent crisis to be resolved. But they also contain a great deal of human behind the theatrics and etiquette of the courtroom, and the often arcane language and concepts of the law, there are real people seeking answers to real-life problems. The common law is sometimes made by faceless corporations, or rich and powerful individuals seeking to preserve their money or reputation. Just as often, however, it is made by ordinary people who are not seeking fame or wealth, but who are simply trying to right whatever they believed has been wronged. This book is a collection of 50 stories of notable court cases spanning more than a century. There are great ethical dilemmas - the tragic case of the conjoined twins where one, but not both, could survive, or the football fan Tony Bland who was left in a persistent vegetative state after the Hillsborough Disaster, and whose family faced the tragic choice of ending treatment. There are significant legal cases such as Donoghue v Stevenson and Carlill v Carbolic Smoke Ball Company. There are also great Victorian scandals such as Oscar Wilde's fall from high society, or the wrongful imprisonment of Captain Dreyfus. Then there are more topical cases, such as those involving religion and the law and the 'clash of rights' that sometimes occurs when devout people find their conscience will not allow them to act according to the law. And then there are cases that can only be described as absurd. The writer Julie Burchill was once sued by someone who was offended by her calling him 'ugly'. In another case, an unfortunate marital dispute required the judge to look at reams of hard-core pornography, and to try to find judicially-appropriate neutral language to describe it. Written in an accessible style with an eye to the human as much as legal interest, the book will be of interest to lawyers and non-lawyers alike.

250 pages, Hardcover

Published September 30, 2015

About the author

Librarian Note: There is more than one author in the Goodreads database with this name. This profile may contain books from multiple authors of this name.

Other authors with this name:

James 2^ Wilson: GR Author, Fantasy
James 3^ Wilson: GR Author
James 4^ Wilson: GR Author, History
James 5^ Wilson: born 1861
James 6^ Wilson: 1795-1856
James 7^ Wilson: History
James 8^ Wilson: 1742–1798, Law
James 9^ Wilson: 1853–1926
James 10^ Wilson: Basketball
James 11^ Wilson
James 12^ Wilson
James 13^ Wilson
James 14^ Wilson
James 15^ Wilson: 1759 or 60-1814
James 16^ Wilson: 1760-1839
James 17^ Wilson: 1805-1860
James 18^ Wilson: 1825-1867
James 19^ Wilson: 1835-1920
James 20^ Wilson: 1775-1845

Reviews

[Richard · Rating 3 out of 5]

This is the second book of Wilson's I have purchased, but the first I have read (I have his more substantive book on Denning on my to-read list). The book, according to the blurb, “is a collection of notable court cases spanning more than a century.”

That description is generally correct, but not completely. There are a few chapters that do not relate to a case that ever reached the doors of a court (such as the threat of libel proceeding against and by Ben Goldacre); I must confess their inclusion puzzles me and I am not sure if the inclusion is because Wilson is scrambling for a case (I understand this is at least the third published collection of cases he has written) or as a chance to jump on a particular hobby  horse. If the latter then that is the author’s prerogative I guess, but it seems superfluous as he managed to do this with the other cases anyway (the coverage of the Berkoff v Burchill [1996] libel trial made much the same point).

The book seems to be split into two general types of case: the cases of historic legal significance (such as Donoghue, Carlill v Carbolic Smokeball, R v Collins) and cases upon which are a launching pad for those issues upon which Wilson is has stronger opinions. Of those issues two seem to be a deference for the executive especially seen in claims arising from the military (in which respect the omission of any ouster clause case such as Anisminic is unfortunate) and a more free speech purist position, not only generally but on the part of corporate bodies such as employers (on more than one occasion Wilson’s solution is if someone does not like it they can leave).

Overall, this is an interesting, if not particularly taxing book. Think of it as a ‘coffee table’ book that one can pick up for ten minutes and read a chapter and then put down again. For the legally minded, it is an entertaining diversion.