Gender


Is car insurance discrimination ruling completely bonkers?

1 March 2011 by

Updated | Association belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v Conseil des ministres, Case C‑236/09 – Read judgment / press release

The Court of Justice of the European Union (CJEU) has ruled that from December 2012,  insurers will be prevented from charging different premiums on the basis of an insured person’s gender. A partner at a leading commercial law firm called September’s preemptive preliminary opinion “completely bonkers”. Can the same be said about the latest decision?

Coverage of the decision has already been largely negative. As well as involving Europe’s increasingly unpopular and possibly unelected judges, the ruling affects an interest group – insurance companies – with deep pockets and who are capable of sophisticated lobbying. And nobody wants to see their insurance premiums go up, if that is indeed to be the outcome of this ruling, something which is by no means clear. So expect to see plenty of critical articles. The Telegraph website is already sporting an unchallenged article/press release from Esure, including a video interview which begins with an advert for ESure’s “Sheila’s Wheels”.

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Baroness Hale still ’embarrassed’ to be only diversity Supreme Court Justice

16 September 2010 by

The UK Supreme Court Blog has posted an exclusive interview with Baroness Hale, the Supreme Court’s only female judge. The interview is worth reading in full but I would like to highlight a few of her comments which are relevant to human rights.

By way of background, Baroness Brenda Hale is the first and only woman who sits in the UK’s highest appeal court. She came to the bench after a career in academia and a post at the Law Commission. As she admits in the interview, he areas of interest – such as family law, human rights and equality law – are quite different from those of the other justices who mostly come from a commercial law background.

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Most senior female judge: Human Rights Act hampered by constitutional problems

25 June 2010 by

Baroness Hale of Richmond has spoken to the Salford Human Rights Conference on the development of human rights law, and has lamented the time spent on constitutional wrangling rather than applying the essence of the Act.

Lady Hale is the only female judge on the UK Supreme Court. The speech can be downloaded here, and makes for interesting reading; many thanks to the UK Supreme Court Blog who have provided a useful summary.

Lord Phillips, the head of the Supreme Court also spoke recently on the Human Rights Act, responded to accusations that it is hampering the fight against terrorism. He said that “respect for human rights is a key weapon in the ideological battle”. Lady Hale suggested that the tension between the Government and the courts arising from such cases is preventing judges from doing their job. She concluded:

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