Unequal: The Legacy Of English Law On Slavery?

• Published date: 14 October 2020
• Law Firm: Leigh Day
• Author: Mr Martyn Day and Walker Syachalinga

In the first of a series of blogs for Black History Month, Walker Syachalinga and Martyn Day from the international department look at how the law treated African slaves during the slave era and consider how justice and equality can be achieved for those who continue to suffer from the legacy of slavery.

Britain's past involvement in slavery remains a live and contentious issue over 200 years after the abolition of the slave trade. In July this year, the issue returned to public consciousness when the Prime Minister of Barbados appeared on Good Morning Britain to call on Britain to pay reparations for its past involvement in slavery. This blog provides a starting point for examining how the law treated African slaves during the slave era and what happened at the time of emancipation.

Unequal under common law

By way of background, a 1729 joint opinion of the attorney and solicitor generals, known as the Yorke-Talbot Opinion, stated that a slave brought to England by his master did not cease being one by virtue of being subject to English law or being baptised Accordingly, slaves could be forcibly returned to the plantations Although this " after-dinner opinion appeared to put slavery on a far stronger legal footing"¹, the fact that the view was expressed in a non-legally binding opinion rather than a judicial ruling meant...