item: #1 of 343 id: dlj-1102 author: Beloff QC, Michael J title: MAGNA CARTA IN THE TWENTIETH AND TWENTY FIRST CENTURIES date: 2015-11-16 words: 17912 flesch: 61 summary: Aikens LJ, stressing the importance of compliance with the provisions of that Act continued ―If they are not‖, as Toulson LJ said in R (TTM) v Hackney LBC, since the statute of Magna Carta ch. 29 1297… ―a person can obtain redress where her right confirmed by that statute has been infringed even though there is no provision in the 1983 Act; which enables her personally to do so.‖ In the case referred to by Aikens LJ (and indeed by Peter Jackson J) , Toulson LJ had instanced the writ of habeas corpus and the writ for trespass as reinforcing the substantive protection of Ch 29 111 which itself is actually silent on remedy for breach. Visiting Professor of Law Visiting Professorial Lecture delivered at the University of Buckingham 29 th April 2015 to mark the 800 th Anniversary of the signing of Magna Carta. keywords: act; application; case; centuries; civ; clause; court; denning law; ewca; ewhc; home; ibid; issue; judge; judgment; justice; law; law journal; lord; magna carta; principle; r v; rights; secretary; state; trial; wlr; ―the cache: dlj-1102.pdf plain text: dlj-1102.txt item: #2 of 343 id: dlj-1103 author: Pearce, Robert title: DEFENDING AN ENGLISHMAN'S CASTLE” CAN I SELL MY HOUSE BUT CONTINUE LIVING IN IT? THE NORTH-EAST PROPERTY BUYERS LITIGATION date: 2015-11-16 words: 10.5750/dlj.v27i0.1103 flesch: The maxim “an Englishman’s home is his castle” has its roots in Magna Carta. English land law has developed from a feudal system which emphasised the authority of the lord: in times long ago most occupiers of land were beholden in some way to their lord for their rights to the land, being obliged to give services in return for their landholding, and to demonstrate loyalty or fealty to their lord. The lords themselves had similar obligations to their lords, and ultimately to the King. Hence, it used to be said that all land in England was held directly or indirectly from the Crown. summary: None keywords: cann; completion; house; interest; land; law; mortgage; mrs scott; nepb; property; rights; sale; scott cache: dlj-1103University of Buckingham Press plain text: dlj-1103.txt item: #3 of 343 id: dlj-1104 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 12715 flesch: 52 summary: The judge opined that since the company was a registered corporation under Australian law, the rule applied, suggesting representation by an officer of the court would be mandatory. THE DENNING LAW JOURNAL 175 allodial title would subsist under Australian law, and not under Aboriginal law. keywords: aboriginal; australian; bias; case; convention; court; cultus; eckford; genocide; government; human; ibid; judge; land; law; people; person; rights; title cache: dlj-1104.pdf plain text: dlj-1104.txt item: #4 of 343 id: dlj-1105 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 6042 flesch: 51 summary: KEYWORDS Human trafficking, slavery, European Convention on Human Rights, jus cogens. [287], see also Ryszard Piotrowicƶ , ‗States‘ Obligations Under Human Rights Law Towards Trafficking in Human Beings: Positive Developments in Positive Obligations‘ (2012) 24:2 International Journal of Refugee Law 181, 198. 39 Ibid. keywords: article; convention; court; echr; edn; european; human; ibid; law; rights; slavery; states; trafficking cache: dlj-1105.pdf plain text: dlj-1105.txt item: #5 of 343 id: dlj-1106 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 7431 flesch: 50 summary: It would, in effect, extended the concept of privilege, already acknowledged in the honest opinion defence, beyond its established domains of absolute and qualified privilege, and rebalance the scales of justice between the parties in religious defamation disputes. These are when general criticisms are made of a religion coupled with specific, associated criticism of a particular person such that they can sue, or when criticism of the religion is made without a basis in religious doctrine. keywords: case; claimant; court; defamation; dispute; doctrine; holy; ibid; justiciability; law; libel; non; religion; saint cache: dlj-1106.pdf plain text: dlj-1106.txt item: #6 of 343 id: dlj-1107 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 12296 flesch: 64 summary: In his outstanding book The Rule of Law, 32 Lord Bingham cited Dr EJ Cohn‟s paper Legal Aid for the Poor: A study of Comparative Law and Legal Reform 33 where he (Cohn) stated: “Legal aid is a service which the modern state owes to its citizens as a matter of principle. . . . In fact my principal subject matter – the withdrawal of legal aid from private law family cases – has nothing to do with Magna Carta except in the extended mythic sense with which Sir Edward Coke and others have since clothed it. keywords: access; act; aid; case; charter; common; court; england; family; john; justice; king; law; lord; magna carta; parliament; people; proceedings; right; state; time cache: dlj-1107.pdf plain text: dlj-1107.txt item: #7 of 343 id: dlj-1108 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 13256 flesch: 63 summary: 14 Told in David Carpenter, Magna Carta (London, Penguin 2015); Anthony Arlidge and Igor Judge, Magna Carta Uncovered (n 4); James Clarke Holt, THE DENNING LAW JOURNAL 49 The Charter was written in Latin, in continuous sentences. It raised the nature of kingship, the authority of royal power and law, and the limits that should be placed on the might of 6 Theodore Frank Thomas Plucknett, A Concise History of the Common Law (4th edn, London, Butterworths 1948) 25. 7 Henry Altamira in Magna Carta Commemoration Essays, quoted Theodore Frank Thomas Plucknett, A Concise History of the Common Law (n 6) 25 n 1. 8 Ibid 25; noting that it had been translated in André Sayous, Histoire Général des Hongrois (Athenaeum 1900) 116-121. 9 William Stubbs, Selected Charters in ibid 13; Anthony Arlidge and Igor Judge, Magna Carta Uncovered (n 4). keywords: charter; coi; council; dprk; england; english; history; human; ibid; john; kim; king; korea; law; magna carta; nations; north; people; power; report; rights; system; united cache: dlj-1108.pdf plain text: dlj-1108.txt item: #8 of 343 id: dlj-1110 author: james.brown.staff title: Unincorporated Associations: Property Holding, Charitable Purposes and Dissolution date: 2015-11-16 words: 3976 flesch: 63 summary: Doctors would be subject to conflicting duties, liable to be sued by their patient if they disclose information which should have remained confidential, liable to be sued by a third party, such as the Claimant, if they fail to disclose information which they should have revealed. http://www.bailii.org/ew/cases/EWCA/Civ/2001/560.html CASE COMMENTARY 288 imposing additional levels of duty of care on public bodies lest they adopted a defensive mode of performance. keywords: abc; care; case; duty; information; law cache: dlj-1110.pdf plain text: dlj-1110.txt item: #9 of 343 id: dlj-1111 author: james.brown.staff title: Unincorporated Associations: Property Holding, Charitable Purposes and Dissolution date: 2015-11-16 words: 8842 flesch: 45 summary: He also identified the view held by the original Member States, which was that the exclusion covered court proceedings only if they relate to arbitration proceedings. [OJ No C 59, 5.3.1979]. 18 In Schlosser‟s view the Convention did not cover court proceedings ancillary to arbitration proceedings, and also did not cover court proceedings to determine the validity of an arbitration agreement. keywords: arbitral; arbitration; arbitration agreement; brussels regulation; case; convention; court; member; proceedings; recast brussels; state cache: dlj-1111.pdf plain text: dlj-1111.txt item: #10 of 343 id: dlj-1112 author: james.brown.staff title: Unincorporated Associations: Property Holding, Charitable Purposes and Dissolution date: 2015-11-16 words: 4290 flesch: 52 summary: 10 This note explores the issue of the standard of proof in relation to presidential election petitions and reviews two recent decisions by the apex courts in Kenya and Ghana. Certainly, courts when faced with presidential election petitions should be encouraged to adopt this approach. keywords: case; court; election; petition; proof; standard cache: dlj-1112.pdf plain text: dlj-1112.txt item: #11 of 343 id: dlj-1113 author: law374 title: FOR THE PURPOSES OF RIGHT TO SELF-DETERMINATION, HOW DOES ONE DEFINE PEOPLE IN CONTEXT OF KASHMIR date: 2015-11-16 words: 1813 flesch: 33 summary: It showcases her talents as a researcher and analyst on the subject matter of lack of access to medicines (in this case India and Kenya) as a direct result from the implementation of TRIPS Agreement, which grants an extended patent protection to pharmaceutical and chemical products besides others. While intellectual property laws are said to encourage innovation and remains an interesting area of study in the twenty first century, the enforcement of the intellectual property rights relating to pharmaceutical products at the WTO, through the instrument of TRIPS Agreement appears to be strained, and coming at a heavy cost, i.e., human cost. keywords: countries; india; kenya; trips cache: dlj-1113.pdf plain text: dlj-1113.txt item: #12 of 343 id: dlj-1114 author: law374 title: FOR THE PURPOSES OF RIGHT TO SELF-DETERMINATION, HOW DOES ONE DEFINE PEOPLE IN CONTEXT OF KASHMIR date: 2015-11-16 words: 3139 flesch: 60 summary: I agree with Sir Louis that there is a strong argument for creating some exceptions to the general principle of jury trial for indictable offences. Sir Louis takes as his starting point the FA Mann lecture of Lord Sumption in 2011. keywords: court; jury; law; lord; louis; sir; sir louis cache: dlj-1114.pdf plain text: dlj-1114.txt item: #13 of 343 id: dlj-1115 author: law374 title: FOR THE PURPOSES OF RIGHT TO SELF-DETERMINATION, HOW DOES ONE DEFINE PEOPLE IN CONTEXT OF KASHMIR date: 2015-11-16 words: 3291 flesch: 38 summary: Next, they look at impediments to rule of law reform, including resources (it is here that their chapter on Tax administration is vital), social–cultural–historical factors, and political economy–based obstacles (vested interests clashing with ineffective political demand for reforms). Judicial reform “as a necessary part of the rule of law reform” is the subject of considerable emphasis by “leading development theorists” (referencing Amartya Sen at the 2000 World Bank Legal Conference in Washington, DC), and is “reflected prominently in international consensus” (citing 1985 UN “Basic Principles on the Independence of the Judiciary” adopted at the 7 th Congress on Prevention of Crime and Torture and endorsed by the General Assembly), yet “it remains difficult, if not impossible, to identify an accepted gold standard of the judiciary” (referencing Jeremy Waldron‟s “Moral Truth and Judicial Review”). keywords: chapter; development; dignity; hughes; law; reform; rights; rule; south cache: dlj-1115.pdf plain text: dlj-1115.txt item: #14 of 343 id: dlj-1116 author: law374 title: FOR THE PURPOSES OF RIGHT TO SELF-DETERMINATION, HOW DOES ONE DEFINE PEOPLE IN CONTEXT OF KASHMIR date: 2015-11-16 words: 1499 flesch: 61 summary: 1 For Paul Harris protest is the visible existence of the bastion of freedom. The Denning Law Journal 2014 Vol 26 pp 333-336 BOOK REVIEW Raising Freedom’s Banner How Peaceful Demonstrations have Changed the World Paul Harris SC Aristotle Lane, Oxford, 2015 Price £12.00, pp 265, ISBN 978-0-9933583-0-2 Susan Edwards* Raising Freedom’s Banner is essential reading for students studying Constitutional and Administrative law, for those with an interest in human rights and also for those engaged in peaceful protests the world over. keywords: harris; people; protest; right cache: dlj-1116.pdf plain text: dlj-1116.txt item: #15 of 343 id: dlj-1117 author: law374 title: FOR THE PURPOSES OF RIGHT TO SELF-DETERMINATION, HOW DOES ONE DEFINE PEOPLE IN CONTEXT OF KASHMIR date: 2015-11-16 words: 771 flesch: 62 summary: I have never forgotten the genuine kindness and respect I received from Mr Gordon Goldberg” (Donna I. Achara, Alumna) “Like Lord Denning, Gordon respected the power of language. FOR THE PURPOSES OF RIGHT TO SELF-DETERMINATION, HOW DOES ONE DEFINE PEOPLE IN CONTEXT OF KASHMIR iii OBITUARY Gordon Goldberg, LLB, MA, Barrister, (1938-2015) former Reader in Law and Master of Moots at the University of Buckingham died on 13 June 2015, the feast day of Saint Anthony of Padua. keywords: goldberg; gordon; law cache: dlj-1117.pdf plain text: dlj-1117.txt item: #16 of 343 id: dlj-1126 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 8293 flesch: 46 summary: THE DENNING LAW JOURNAL 265 intelligence officer, John Thompson, provided a link between the Nuremberg Medical Trial and international organisations like Unesco. In Nazi Germany, there were strong pressures to conduct research on lives deemed worthless in the hope of producing valuable breakthroughs in medical research to benefit the nation and race. keywords: alexander; code; consent; experiments; human; ivy; journal; law; legacy; medical; nazi; nuremberg; nuremberg code; nuremberg trials; research; subject; trial; victims; war cache: dlj-1126.pdf plain text: dlj-1126.txt item: #17 of 343 id: dlj-1127 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2015-11-16 words: 10342 flesch: 58 summary: This article presents two further candidates: a neglected lecture on Borrowing from Scotland 5 by Lord Denning in 1961 and a neglected Court of Appeal decision in 1975 applying Magna Carta, in which Lord Denning presided as Master of the Rolls, R v Secretary of State for the Home Office, ex p Phansopkar. In the conjoined appeals, Lord Denning sitting as the Master of the Rolls, Lord Justice Lawton and Lord Justice Scarman all relied on Magna Carta. keywords: act; appeal; case; court; denning; english; european; home; judges; justice; law; lecture; lord; lord denning; magna; magna carta; phansopkar; rights; secretary cache: dlj-1127.pdf plain text: dlj-1127.txt item: #18 of 343 id: dlj-1133 author: V Forrester title: THE UNIVERSITY OF BUCKINGHAM date: 2015-11-16 words: 701 flesch: 67 summary: He also recognised the importance of:- developing the common law http://www.denninglawjournal.com/ THE DENNING LAW JOURNAL ii the need for judicial and community recognition of the urgency of reform and modernisation of law the need to preserve the traditions of judicial independence, integrity and creativity reflecting upon the interplay between law and morality the role to be played by the law in the defence of the individual in the modern state. At the University of Buckingham, the Law School staff edit and publish an annual journal – The Denning Law Journal (external link). keywords: denning; law cache: dlj-1133.pdf plain text: dlj-1133.txt item: #19 of 343 id: dlj-1180 author: Toph title: dlj-1180 date: 2017-08-18 words: 6930 flesch: 68 summary: ‘Rape is rape’ is a slogan usually traced to 1970s campaigner Del Martin. This gives a special social meaning to rape that other sheer uses do not share.42 In a new (forthcoming) article, called ‘The Opposite of Rape,’ I have explored this point in a lot more detail.43 I have worked out the relevant ideal of good sex in a way that reveals, I think, why rape is the very antithesis of it, and thereby helps us to see what it is that is especially wrong with rape that does not extend to Statman’s example of the facial examination. keywords: emotions; gardner; rape; reactions; reason; shute; watt; wrongness cache: dlj-1180.pdf plain text: dlj-1180.txt item: #20 of 343 id: dlj-1203 author: Toph title: dlj-1203 date: 2017-08-18 words: 9881 flesch: 49 summary: The aim of the inquiry will be to establish whether community property claims are afforded the same protection as their private property counterparts that are usually justified by using the personhood perspective. Therefore, a community that is able to achieve a united will, and group personhood that can project into the external world to establish property claims, must possess characteristics that are different from those groups (or society in general) that merely facilitate the private property claims of individuals. keywords: common; community; community property; group; individual; land; personality; personhood; property; property claims; rights; theory cache: dlj-1203.pdf plain text: dlj-1203.txt item: #21 of 343 id: dlj-1218 author: Toph title: dlj-1218 date: 2018-11-06 words: 13523 flesch: 49 summary: This is the second instalment of a two-part article series aimed at examining community property claims through the lens of the personality theory of property. In reality, the idea of the ‘big society’ and empowering communities has had very little positive impact on community property claims. keywords: act; common; community claim; community entitlement; community interest; community property; community value; land; landowner; personhood; personhood perspective; property claims; rights; use cache: dlj-1218.pdf plain text: dlj-1218.txt item: #22 of 343 id: dlj-1257 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2017-08-18 words: 10588 flesch: 56 summary: In the past decade, penalty clauses have been at the forefront of judicial discussion both in Australia and in the United Kingdom. 10 R Halson, ‘Remedies for Breach of Contract’ in M Furmston et al (eds), Butterworths Common Law Series: The Law of Contract (4th edn, Butterworths Law 2007); Lucinda Miller, ‘Penalty Clauses in England and France: A Comparative Study’ [2004] International and Comparative Law Quarterly 79. 11 Worthington (n 7). keywords: breach; case; clause; commercial; contract; court; damages; decision; ibid; interest; law; lord; makdessi; penalty clause; penalty rule; supreme cache: dlj-1257.pdf plain text: dlj-1257.txt item: #23 of 343 id: dlj-1272 author: john.hatchard;Hephzibah Egede title: dlj-1272 date: 2016-11-15 words: 843 flesch: 49 summary: Sundaram’s article discusses current legal developments and emergent thinking in offshore pollution compensation. 1 Denning Law Journal 2016 Vol 28 Special Issue pp 1-3 EDITORIAL INTRODUCTION John Hatchard Guest Editor Hephzibah Egede Guest Editor keywords: article; energy; law cache: dlj-1272.pdf plain text: dlj-1272.txt item: #24 of 343 id: dlj-1273 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2016-11-11 words: 10820 flesch: 47 summary: The constitutions of most petroleum producing African states vests ownership of petroleum resources in situ with the state based on the domanial system of ownership. It is debatable if African states actually practise the strong construction of legal pluralism. keywords: african; constitution; land; law; lex; oil; ordering; ownership; petrolea; petroleum; petroleum resources; public; resources; rights; rules; social; state; system cache: dlj-1273.pdf plain text: dlj-1273.txt item: #25 of 343 id: dlj-1274 author: Hephzibah Egede title: dlj-1274 date: 2016-11-15 words: 2802 flesch: 55 summary: This outcome is expected to have far-reaching consequences for UK industry, including the oil & gas sector. A similar issue, but in respect of the adverse consequences to UK industry and manufacturing of high energy prices, is discussed below. keywords: brexit; gas; industry; oil cache: dlj-1274.pdf plain text: dlj-1274.txt item: #26 of 343 id: dlj-1275 author: Hephzibah Egede title: dlj-1275 date: 2016-11-10 words: 6488 flesch: 46 summary: Uncertainty surrounding the accuracy of the variables involved in calculating decommissioning security has increased due to the fall in market prices. If a party falls into financial difficulty, the security provided is intended to be sufficient to cover that party’s share of decommissioning costs. keywords: costs; decommissioning; disputes; dsa; expert; gas; oil; participants; security cache: dlj-1275.pdf plain text: dlj-1275.txt item: #27 of 343 id: dlj-1276 author: Christopher M Woodhead title: dlj-1276 date: 2016-11-11 words: 11636 flesch: 47 summary: Finally, the future of environmental tax is considered, including an assessment of its potential to change attitudes to protecting the environment. There are many types of environmental tax and their diversity is one of their attractions.22 keywords: carbon; change; climate; congestion; costs; duty; emissions; energy; environmental; fuel; government; policy; revenue; system; taxation; taxes; transport cache: dlj-1276.pdf plain text: dlj-1276.txt item: #28 of 343 id: dlj-1277 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2016-11-11 words: 18881 flesch: 40 summary: Likewise, it can be said that there is very little interest in developing a civil liability regime arising from offshore oil pollution damage, as there is very little interest to engage from the industry. Sachs points out that the offshore industry does put pressure on the governments—both in developing and developed countries.140 Developing countries are vulnerable as they need to attract international partners that have the financial and other resources to engage in energy exploration and exploitation but which may be keen to avoid discouraging any potential investors with measures such as offshore oil pollution damage regimes. keywords: activities; civil; compensation; convention; environmental; exploration; gas; insurance; international; journal; law; law journal; liability; liability claims; liability regime; marine; oil exploration; oil industry; oil pollution; oil spill; pollution act; pollution damage; pollution incidents; pollution liability; sea; source oil; state; vessel cache: dlj-1277.pdf plain text: dlj-1277.txt item: #29 of 343 id: dlj-1278 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2016-11-11 words: 10550 flesch: 43 summary: As Nicholls points out, the result is that “an overseas company can be prosecuted for failing to prevent bribery by a person performing services on its behalf irrespective of the nationality of the person offering the bribe, and even though the bribery is in relation to non-UK businesses and the bribery is committed entirely outside the UK”.33 iii) Other Parties to the OECD Anti-Bribery Convention Regrettably, the political will to prosecute foreign bribery cases is scarcely reflected elsewhere. It remains to be seen whether this has any real impact on the political will on the part of all Parties to the OECD Anti-Bribery Convention to prosecute foreign bribery cases. keywords: alstom; bank; bribery; business; case; combating; convention; corruption; doj; global; international; oecd; officials; organisations; persuasion; public; world cache: dlj-1278.pdf plain text: dlj-1278.txt item: #30 of 343 id: dlj-1279 author: john.hatchard;hephzibah.egede title: dlj-1279 date: 2016-11-11 words: 686 flesch: 44 summary: UBCEES Energy Club The Centre has also established a Student Energy Club to encourage the discussion of and publication about contemporary energy issues. Forthcoming Conference The Centre in collaboration with the Open University will host a conference on “Nuclear Energy Law, Policy and Regulation” in the first quarter of 2017. keywords: centre; energy; law cache: dlj-1279.pdf plain text: dlj-1279.txt item: #31 of 343 id: dlj-1406 author: Toph title: dlj-1406 date: 2017-08-18 words: 3609 flesch: 46 summary: 5 C J Builton (ed), Erskine May’s Treaties on the Law, Privileges, Proceedings and Usage of Parliament (21st edn, Butterworths, 1989) 154 provides a comprehensive listing of contemporary cases concerning parliamentary privilege. Although the principle of judicial obedience32 to the will of Parliament is currently maintained, any further court implied limitations may seriously damage parliamentary privilege, both in practice and as a concept. keywords: committee; house; law; members; para; parliament; privilege cache: dlj-1406.pdf plain text: dlj-1406.txt item: #32 of 343 id: dlj-1420 author: Toph title: dlj-1420 date: 2017-08-18 words: 8378 flesch: 46 summary: THE DENNING LAW JOURNAL 121 also highlighted that at the time of the Phase 3 review, the PIDA did not protect many expatriate workers of UK companies who are based abroad and that this position remains the same. Perhaps more significantly, they recognise that the section appeared to have had a positive influence with UK companies adopting “sophisticated compliance measures to prevent bribery. keywords: bribery; convention; examiners; oecd; oecd convention; para; phase; report; sfo; wgb; wgb lead cache: dlj-1420.pdf plain text: dlj-1420.txt item: #33 of 343 id: dlj-1422 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2017-08-18 words: 235 flesch: 51 summary: human rights, 'arranged' marriages and nullity law: when do 'force', parental 1 Denning Law Journal 2017 Senior Lecturer in Law, University of Buckingham. keywords: law cache: dlj-1422.pdf plain text: dlj-1422.txt item: #34 of 343 id: dlj-1423 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2017-08-24 words: 17168 flesch: 47 summary: THE DENNING LAW JOURNAL 69 new theory, as elements of it can be found in the writings of a number of theorists.1 However, by expanding on, exploring and assessing these elements in light of the desiderata, this article offers further support to a theory of criminal law embedded in the notion of public goods. Autonomy per se has sufficient value such that the criminal law cannot be used to suppress valueless PUBLIC GOODS AND CRIMINALISATION 84 Additionally, and equally importantly, the state’s support of autonomy requires it to provide a wide range of individual and shared goods: it is only in the face of a sufficient range of valuable options that the pursuit of any given valuable option is freely chosen, that is to say autonomous.39 As explained above, the provision of public goods is fundamental to the state fulfilling this role because, as Raz states: “Public goods lie at the foundation of most options. keywords: autonomy; concern; crimes; criminal; criminalisation; duff; goods; individual; law; moral; pga; public; reasons; state; theory; wrongs cache: dlj-1423.pdf plain text: dlj-1423.txt item: #35 of 343 id: dlj-1424 author: Toph title: dlj-1424 date: 2017-08-18 words: 2774 flesch: 56 summary: As highlighted by the author Ying Khai Liew the English courts have applied the doctrine of mutual wills since the eighteenth century5 but the precise definition of its operation, the legal principles involved and its underlying rationale remain difficult to define. The law makes no bones of wills. keywords: book; chapter; law; rules; testator cache: dlj-1424.pdf plain text: dlj-1424.txt item: #36 of 343 id: dlj-1425 author: Toph title: dlj-1425 date: 2017-08-18 words: 3400 flesch: 50 summary: In the employment field of civil law women appear mainly as litigants in workplace discrimination cases. In industries such as construction, engineering, road haulage, transportation, oil and gas, where conditions can be particularly dangerous, eradicating workplace harassment is not only a laudable but a necessary prerequisite – for women workers and male workers too. keywords: cases; harassment; job; law; male; sex; women; work cache: dlj-1425.pdf plain text: dlj-1425.txt item: #37 of 343 id: dlj-1426 author: Toph title: dlj-1426 date: 2017-08-18 words: 2529 flesch: 57 summary: This is far from the only example even within this one area – later Lord Justice Ryder makes tantalising reference to online courts13 while Lord Thomas warns against their dangers.14Perhaps it is asking too much to expect such points to be somehow naturally brought to the mind of other speakers (and it should be emphasised that it was an explicit part of the Judicial College lectures that speakers would not be “briefed”) That penultimate chapter referred to above can be found nestled between a very general overview by Lord Thomas of the position of the judiciary in wider society (including such disparate areas as devolution, the separation of powers, the relevance of the judiciary to small traders and the use of the Welsh language in court) and a chapter from Lord Justice Laws on the power of statutory interpretation. keywords: cooper; judge; justice; lord; world cache: dlj-1426.pdf plain text: dlj-1426.txt item: #38 of 343 id: dlj-144 author: None title: dlj-144 date: 2012-10-29 words: 1077 flesch: 77 summary: 17 I took more pains over it than any other case - only to be scourged by Lord Simonds and the other Law Lords. That view was accepted and adopted 13 years later by the House of Lords in Hedley Byrne v. Heller.2 Next, 1 would put Rex v. Northumberland Compensation Appeal Tribunal, Ex parte Shaw3 where we extended the remedy by prerogative writs to cover, not only excess of jurisdiction by a tribunal, but also error of law. keywords: law; lords cache: dlj-144.pdf plain text: dlj-144.txt item: #39 of 343 id: dlj-145 author: None title: dlj-145 date: 2012-10-29 words: 839 flesch: 49 summary: But Lord Denning, of course, is unique. It was, of course, absolutely crucial to the project as conceived that it should have the approval of Lord Denning, who had previously shown his interest in Buckingham by giving his name to, and opening, the Denning Law Library. keywords: denning; lord cache: dlj-145.pdf plain text: dlj-145.txt item: #40 of 343 id: dlj-146 author: None title: dlj-146 date: 2012-10-29 words: 4557 flesch: 75 summary: On behalf of the community a case was decided by Lord Justice Ormrod and his colleagues in the Court of Appeal which won the approval of the Parsee community in Bombay; and she sent for the Court of Appeal this gift. I expect you, my Lord Chancellor, will know that Lord Justice Bowen (then a member of the Court of Appeal) said, That ought to be amended, you know. keywords: court; denning; justice; laughter; law; lord; lordship cache: dlj-146.pdf plain text: dlj-146.txt item: #41 of 343 id: dlj-147 author: None title: dlj-147 date: 2012-10-29 words: 6000 flesch: 90 summary: I said to Lord Justice Scrutton: But look, she's signed it. Do young men nowadays write poems to their girl-friends?) keywords: case; court; judge; jury; justice; law; lord; right; war; years cache: dlj-147.pdf plain text: dlj-147.txt item: #42 of 343 id: dlj-148 author: None title: dlj-148 date: 2012-10-29 words: 6088 flesch: 62 summary: Since Jewish law is the revealed Will of God who is perfect holiness,z° the law, in addition to command, must represent the highest moral good.21 To this statement one 14. ,,25 However, even in Israel the law, and the moral values which it reflected, developed with its history; and the history of Jewish law is a fascinating account of how Codes were adapted by means of commentary26 and of fiction, to serve the changing needs of a primitive agrarian society gradually growing more civilised. keywords: code; deuteronomy; e.g.; education; english; exodus; history; law; man; scribes; student; university cache: dlj-148.pdf plain text: dlj-148.txt item: #43 of 343 id: dlj-149 author: None title: dlj-149 date: 2012-10-29 words: 3622 flesch: 69 summary: For Lord Denning, law is (or should be) synonymous with justice, and it is with the doing of justice (as he sees it) that for nearly 40 years on the Bench he has dedicated himself. If, perchance, there is a lacuna in a statute, they may decide to follow the trail blazed by Lord Denning, who declared over 30 years ago: When a defect appears, a judge cannot simply fold his hands and blame the draftsman. keywords: court; denning; judge; justice; law; lord cache: dlj-149.pdf plain text: dlj-149.txt item: #44 of 343 id: dlj-150 author: None title: dlj-150 date: 2012-10-29 words: 9190 flesch: 43 summary: The five commissions into which the Conference was divided consisted of international judges, national judges, lawyers, jurors and assessors, as well as the representatives of the International Commission of Jurists and the Centre for the Independence of Judges and Lawyers.34 Finally, mention must be made of the 19th Biennial Conference of the International Bar Association, held in New Delhi from 17 to 23 October, 1982, when the two main topics of the Conference were: The Eighties - The Challenge to the Legal Profession and the Judiciary and Legal Problems of Investment by International Companies in Developing Countries. Dr L. M. Singhvi, UN Special Rapporteur on the Independence of Judges, Lawyers, Jurors and Assessors, in his valedictory remarks, congratulated the International Bar Association on its adoption of the standards and noted the contributions these standards would make to the reaching of a worldwide consensus. keywords: act; africa; association; bar; bar association; conference; general; human; independence; judges; law; lawyers; nigerian; profession; rights; state cache: dlj-150.pdf plain text: dlj-150.txt item: #45 of 343 id: dlj-151 author: None title: dlj-151 date: 2012-10-29 words: 8037 flesch: 84 summary: His regular publishers - William Kimber & Co. Ltd. - refused to publish it. So he got Cassell & Co. Ltd. to publish it. keywords: broome; case; co.; commander; convoy; cricket; denning; facts; james; judgment; law; lord; ltd; opener; story; style; years cache: dlj-151.pdf plain text: dlj-151.txt item: #46 of 343 id: dlj-152 author: None title: dlj-152 date: 2012-10-29 words: 9201 flesch: 60 summary: Twenty-nine questions concerning the construction of a pending treaty were submitted to the Supreme Court for its opinion by President Washington in 1793. There was no threat to anything which members of SCRAP owned, yet the Supreme Court held that such detriment as they suffered was sufficient to constitute injury in fact. keywords: case; court; fact; federal; iii; injury; interest; law; plaintiff; standing; supreme; supreme court; u.s cache: dlj-152.pdf plain text: dlj-152.txt item: #47 of 343 id: dlj-153 author: None title: dlj-153 date: 2012-10-29 words: 6876 flesch: 74 summary: Lord Denning, Address to the Law Society's National Conference, Jersey, October 1979, (1979) 76 Guardiall Gazelle, 1057. II. There are other players who also have a view of justice, different though that view may be from Lord Denning's ... keywords: case; court; denning; judges; law; lord; lord denning; parliament; reform; times; view cache: dlj-153.pdf plain text: dlj-153.txt item: #48 of 343 id: dlj-154 author: None title: dlj-154 date: 2012-10-29 words: 6129 flesch: 68 summary: Lord Denning and Open Government D. G. T. Williams '-* In a judgment delivered less than a week before his retirement, Lord Denning spoke of the current demand for open government - adding that it is something which is voiced mainly by newsmen and critics and oppositions. Lord Denning, The Due Process of Law (1980); Lord Denning, What Next in the Law? keywords: case; court; crown; denning; e.r; government; house; law; lord; lord denning; times cache: dlj-154.pdf plain text: dlj-154.txt item: #49 of 343 id: dlj-155 author: None title: dlj-155 date: 2012-10-29 words: 4105 flesch: 61 summary: This was a major doctrinal innovation of Lord Denning, whereby a wife was invested with an equitable interest in the matrimonial home which would prevail against successors in title of the husband with notice of her status. Secondly, in both Contract and Tort Lord Denning has been fundamentally in sympathy with the underlying trends in the law, 20 for instance the trend towards giving greater protection to the consumer in Contract and the basic ideal that parties who are at fault should be required to pay compensation in Tort. keywords: cases; contract; denning; house; law; lord; lord denning; ltd; property cache: dlj-155.pdf plain text: dlj-155.txt item: #50 of 343 id: dlj-156 author: None title: dlj-156 date: 2012-10-29 words: 10116 flesch: 55 summary: At the same time, the Malaysia Act, 1963, substituted the words 'Federal Court' for the words 'Supreme Court'. In 1943, pursuant to the Judicial Organization Ordinance, a Supreme Court, High Court, District and Magistrates' Courts, Penghulu's Court and Kathis' Courts were established during the Japanese Occupation. keywords: act; british; chief; constitution; courts; federal; jurisdiction; justice; law; malaysia; sessions court; supreme court cache: dlj-156.pdf plain text: dlj-156.txt item: #51 of 343 id: dlj-1565 author: Toph title: dlj-1565 date: 2018-11-06 words: 13513 flesch: 50 summary: Detailed consideration of the workability of the concepts currently employed in dealing with public authority cases thus provides another line of attack for those who regard Dicey’s equality principle as misconceived and an anachronism. The question whether use of the concept in relation to legal determination cases is better addressed as part of the larger issue of whether its use can produce a pattern of satisfactory outcomes for public authority cases as a whole and accordingly I postpone it to this article’s conclusion. keywords: assumption; authorities; authority; care; case law; cases; claimant; concept; defendant; duty; law; liability; principle; public; responsibility cache: dlj-1565.pdf plain text: dlj-1565.txt item: #52 of 343 id: dlj-157 author: None title: dlj-157 date: 2012-10-29 words: 10011 flesch: 58 summary: (1981), at pp. 403-407; L. Collins, European Community LAw in the United Kingdom 3rd ed. 36 ABSTRACT LAW AND POLITICAL REALITY IN THE BRITISH CONSTITUTION Community law from the rules of United Kingdom law thus avoiding a direct confrontation between them and making implied repeal in the situation described above impossible. keywords: act; british; commission; community law; debates; european; european communities; government; house; kingdom; law; lord; membership; parliament; treaty; united; united kingdom cache: dlj-157.pdf plain text: dlj-157.txt item: #53 of 343 id: dlj-158 author: None title: dlj-158 date: 2012-10-29 words: 11103 flesch: 56 summary: Not every remedy under national law is therefore, as a matter of community law, appropriate to uphold community rights. If, for example, a state, in breach of community law, subsidizes an exporter so that that exporter manages to drive a competitor off the market, a judicial review of the decision to subsidize, even supposing it were practicable, would not guarantee that Community law was complied with. keywords: article; breach; community law; community rights; court; damages; duty; effect; european court; national; right; state; treaty cache: dlj-158.pdf plain text: dlj-158.txt item: #54 of 343 id: dlj-1583 author: Toph title: dlj-1583 date: 2018-11-06 words: 18850 flesch: 29 summary: This article compares the “transformative potential” of the UNFCCC and UNCCD regimes. Contextuality is relevant when exploring which issues are prioritised during the negotiations, and which other global regimes remain unaffected or distinct from the legal obligations within different environmental regimes. keywords: agreement; climate; climate change; communities; convention; countries; desertification; development; ecofeminist; environment; framework; gender; human; ibid; international; law; nature; paris; parties; regimes; states; technology; transformative; unccd; unfccc; women cache: dlj-1583.pdf plain text: dlj-1583.txt item: #55 of 343 id: dlj-159 author: None title: dlj-159 date: 2012-10-29 words: 6287 flesch: 62 summary: When we turn from case law to legislation, though it is true that most academic lawyers despair from time to time of the possibility of Parliament pursuing rational policies in law reform, it is true that in retrospect one can identifY developments such as the introduction of Criminal Appeals or the right of the accused to testifY at his own criminal trial, which seem inevitable even though at the time they were highly contentious and violently resisted. Canadian contract law appears to be much more open to the reception of this kind of broad-brush approach.66 Contraa theory Some of the questions discussed above implicitly raise questions of what the law of contract is about; what its objectives are and should be, and what is the underlying basis of contractual obligation. keywords: bank; cases; contract; court; decision; denning; development; law; liability; lord; tort cache: dlj-159.pdf plain text: dlj-159.txt item: #56 of 343 id: dlj-160 author: None title: dlj-160 date: 2012-10-29 words: 9003 flesch: 54 summary: Moreover, the idea that principles of law are, so to speak, just waiting to be discovered if only we are clever enough to find them - just like some oil field or gold mine or archaeological artefact awaiting the attention of an intelligent and industrious geologist or archaeologist - is entirely mistaken. But that the principle exists is undoubted; and the function of the principle is to ensure consistency in the administration of the law - the effect being that courts of co-ordinate jurisdiction, and expecially inferior courts to which citizens' disputes are directly (and usually, in practice, exclusively) submitted will, generally speaking, apply the same principles of law. keywords: cases; change; codification; decision; development; english; judges; jurist; law; legislature; principle; time; years cache: dlj-160.pdf plain text: dlj-160.txt item: #57 of 343 id: dlj-161 author: None title: dlj-161 date: 2012-10-29 words: 6160 flesch: 71 summary: Further, the stark distinction between physical loss on the one hand and economic loss on the other is far from clear-cut. Or is the truth that there is an inarticulate premise that there is something more worth a remedy where physical loss is concerned than where economic loss is?61 Unless this inarticulate distinction can be justified and made articulate in the form of a principle (which, it is submitted, it cannot) there seems little reason why the neighbour principle should not apply to economic as much as to physical loss. keywords: case; cattle; contract; floodgates; law; lord; loss; ltd; mechanism; penzance; proximity cache: dlj-161.pdf plain text: dlj-161.txt item: #58 of 343 id: dlj-162 author: None title: dlj-162 date: 2012-10-28 words: 9449 flesch: 62 summary: It is a statement of the obvious that maintaining the rule of law means deciding cases according to law, and the paramount law in criminal cases is that guilt cannot be established save by proof beyond reasonable doubt. Other things have been said more recently which, I feel, must be very deliberately weighed, having regard to Sir Patrick Neill's statement that since 1977 the flow of decided cases has accelerated at a dizzy pace. keywords: act; appeal; case; council; court; fein; ireland; judge; law; lord; northern; sinn; state cache: dlj-162.pdf plain text: dlj-162.txt item: #59 of 343 id: dlj-163 author: None title: dlj-163 date: 2012-10-29 words: 3569 flesch: 58 summary: 1 The Constitutional Question A determined effort was made in the Parliamentary sessions 1985/86 and 1986/87 to pass a bill to incorporate into British law the human rights and fundamental freedoms protected by the European Convention for the Protection of Human Rights and Fundamental Freedoms.2 Had such a bill become an Act of Parliament, anybody within the United Kingdom could have taken action in a British court to obtain relief and compensation in respect of an infringement of the Convention by the Crown or any other public authority. To the question - does British law faithfully reflect our duty under the Convention? keywords: bill; convention; kingdom; law; rights; united cache: dlj-163.pdf plain text: dlj-163.txt item: #60 of 343 id: dlj-164 author: None title: dlj-164 date: 2012-10-29 words: 7322 flesch: 65 summary: For conspiracy, the answer depends on whether it is a conspiracy at common law or a statutory conspiracy contrary to s.l of the Criminal Law Act 1977 - which itself may be a question of some difficulty. In Donnel/y17 the Court of Appeal held that under the Forgery and Counterfeiting Act 1981 it is no longer necessary to prove that an alleged forgery tells a lie about itself as was required at common law and by the Forgery Act 1913. keywords: act; case; code; codification; commission; court; criminal; law; rule cache: dlj-164.pdf plain text: dlj-164.txt item: #61 of 343 id: dlj-165 author: None title: dlj-165 date: 2012-10-29 words: 5551 flesch: 64 summary: He expressed the view that the doctrine of the constructive trust based on the concept of unjust enrichment was a more flexible doctrine than the intention based resulting trust. He argued forcefully that the doctrine of constructive trusts based on unjust enrichment was to be preferred. keywords: constructive; contribution; court; d.l.r; enrichment; labour; murdoch; property; trust cache: dlj-165.pdf plain text: dlj-165.txt item: #62 of 343 id: dlj-1652 author: Toph title: dlj-1652 date: 2018-11-16 words: 6652 flesch: 35 summary: TOWARDS THE INTRODUCTION OF PUBLIC BENEFICIAL OWNERSHIP REGISTERS Whilst making beneficial ownership information available to law enforcement authorities is a major step forward, the Panama Papers disclosures increased the pressure from civil society organisations, in particular, for states to introduce a public registry of beneficial ownership. Originally it contained no provision relating to the establishment of public beneficial ownership registers in the OTs and CDs and an amendment to do so was rejected by the Government. keywords: cds; fatf; laundering; law; money; ots; ownership; ownership information; public; territories cache: dlj-1652.pdf plain text: dlj-1652.txt item: #63 of 343 id: dlj-1653 author: Toph title: dlj-1653 date: 2018-11-06 words: 5168 flesch: 54 summary: Experience has shown that in commercial disputes and disputes involving areas of technical expertise, such as construction and IT, the greater flexibility of the arbitral process and the fact that it is a collaborative effort between the parties and the arbitrators gives arbitration the edge over court litigation. Obviously for the majority of ordinary civil cases, court litigation will be the only viable or affordable option and, at the end of the day, the existence of courts to provide the enforcement backup is essential to the survival of arbitrations themselves. keywords: arbitration; arbitrators; court; disputes; judges; law; litigation; parties; system; time cache: dlj-1653.pdf plain text: dlj-1653.txt item: #64 of 343 id: dlj-1654 author: Toph title: dlj-1654 date: 2018-11-06 words: 1616 flesch: 48 summary: This suggests that the law students of today need a good grounding in corruption issues as part of professional training. The well-documented rise in corruption at national and international levels has demanded increasing attention from governments, civil society and the legal profession across the globe. keywords: authors; corruption; law; volume cache: dlj-1654.pdf plain text: dlj-1654.txt item: #65 of 343 id: dlj-1655 author: Toph title: dlj-1655 date: 2018-11-06 words: 13680 flesch: 54 summary: In particular, unconscionable conduct is already clearly evident in actual undue influence cases and is (by definition) an essential feature of unconscionable bargain cases. Because of the obvious overlap between such relationships and those in which undue influence is presumed, a cogent argument exists for abandoning the requirement of manifest disadvantage altogether in undue influence cases. keywords: advantage; bank; bargain; cases; conduct; court; doctrine; equity; ibid; influence; law; party; set; transaction; unconscionability; wife cache: dlj-1655.pdf plain text: dlj-1655.txt item: #66 of 343 id: dlj-1656 author: Toph title: dlj-1656 date: 2018-11-06 words: 6540 flesch: 53 summary: Such schools are to be distinguished, according to Ofsted’s arguments and the Court of Appeal’s decision, from single sex schools which benefit from a variety of exceptions under Schedule 11 of the Equalities Act. Global research on single sex schools suggests differences in achievement are multi-layered and dependent on a multitude of other factors. keywords: act; appeal; boys; court; discrimination; girls; hijrah; school; segregation; sex cache: dlj-1656.pdf plain text: dlj-1656.txt item: #67 of 343 id: dlj-166 author: None title: dlj-166 date: 2012-10-29 words: 4369 flesch: 41 summary: lt is not intended to list here the details of the jurisdiction and procedures of the Local Ombudsmen, but Part III of the Local Government Act 1974 provides for the setting up of the Commission for Local Administration in England, consisting of an unspecified number of Local Commissioners, popularly known as Local Ombudsmen, together with the Parliamentary Commissioner for Administration for Great Britain, and that one of the Local Ombudsmen shall be appointed as Chairman of the Commission. See also recommendations made in a later report byJUSTICE, The Local Ombudsmen:A Review oj the First Five Years (1980); and Yardley, Local Ombudsmen in England: keywords: act; administration; authority; commissioner; committee; ombudsmen; report cache: dlj-166.pdf plain text: dlj-166.txt item: #68 of 343 id: dlj-167 author: None title: dlj-167 date: 2012-10-29 words: 13461 flesch: 66 summary: These remarks have of course been overtaken by the limited approval of the doctrine of Acte Clair in the European Court judgment in G./.L.F.I. T.. See Usher, European Courl Practice, 1.69; Freeman, References to the European Court under Article 177, 28 c.L.P. (1975) 176, at p.193; see, however, Denning, The Discipline oj Law, p.307. 27. keywords: act; case; communities; community; community law; court; denning; e.r; eec; effect; english; european; european court; law; lord; parliament; question; statute; treaty cache: dlj-167.pdf plain text: dlj-167.txt item: #69 of 343 id: dlj-1674 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 8573 flesch: 44 summary: He also highlighted a number of issues, stating that the mental health care was not fit for purpose, during detention detainees felt afraid to complain, and if they did they were not taken seriously, and that detention had psychological effects even after it ended.58 Shaw recommended that the use of detention be decreased, and that there should be more reform in order to protect vulnerable detainees.59 In addition to Shaw’s findings, there are also findings from a review of Article 3 breaches by Jeremy Johnson QC, and Mary Bosworth’s literature review on the impact of immigration detention on mental health. The possibility of indefinite detention has been a source of tension both within British politics and within UK immigration detention centres. keywords: act; april; article; asylum; detainees; detention; home; human; ibid; immigration; indefinite; law; place; rights; wood; yarl cache: dlj-1674.pdf plain text: dlj-1674.txt item: #70 of 343 id: dlj-1676 author: Public User title: human rights, 'arranged' marriages and nullity law: when do 'force', parental date: 2018-11-07 words: 652 flesch: 50 summary: There is movement in the area of property law, environmental law, the relationship of law to technology, as well as in managing and resolving issues of corruption and money laundering, and in addressing issues of discrimination in education. Dr Sarah Sargent Chief Editor, Denning Law Journal keywords: journal; law cache: dlj-1676.pdf plain text: dlj-1676.txt item: #71 of 343 id: dlj-168 author: None title: dlj-168 date: 2012-10-29 words: 4601 flesch: 64 summary: Unfortunately, it is not easy to extract an answer to either of these questions from the many reported cases concerning the existence of co-ownership interests. Likewise, when the parties have made a financial contribution to the cost of the property, the claimant's interest arises under a resulting trust, and even though it is possible to analyse this situation as one of constructive trust, to do so obscures the true factual basis of the claimant's rights, viz. keywords: e.r; intention; interest; ownership; property; trust cache: dlj-168.pdf plain text: dlj-168.txt item: #72 of 343 id: dlj-169 author: None title: dlj-169 date: 2012-10-29 words: 7055 flesch: 52 summary: American appellate courts have therefore hitherto given no encouragement to certification of class tort actions, to the chagrin of many trial judges overwhelmed with a flood of claimants and the discordant voices of their lawyers, many of whom have reason to dislike class actions because it will adversely affect their fees unless they participate as lead attorneys. Moreover, in tort cases, the plaintiff does not even have to pay his own lawyer if he loses, the risk being thus borne by the attorney rather than his client. keywords: american; cases; claimants; claims; class; court; defendant; injury; law; liability; mass; plaintiff; settlement; thalidomide; tort cache: dlj-169.pdf plain text: dlj-169.txt item: #73 of 343 id: dlj-1696 author: None title: dlj-1696 date: 2019-08-06 words: 5488 flesch: 39 summary: More recently, the development of freely accessible on-line legal information institutes, and in particular the Commonwealth Legal Information Institute, has further facilitated access to Commonwealth constitutional materials.52 For law teachers, legal education conferences can provide a platform for the sharing and exchange of comparative information and ideas. Overall, it is hoped that this special issue of the Denning Law Review will help to highlight the importance and relevance of the study of comparative constitutional law, particularly in relation to Commonwealth member states and that it has provided some answers to the questions as to the merits of undertaking such a study. keywords: commonwealth; constitution; court; law; legal; president; principles; provisions; rights cache: dlj-1696.pdf plain text: dlj-1696.txt item: #74 of 343 id: dlj-1697 author: None title: dlj-1697 date: 2019-08-06 words: 14264 flesch: 49 summary: 54 Commonwealth of Australia Constitution Act 1900 (Imp) (63 & 64 Vict c 12). A proposal, by referendum, to delete references to the Queen and the Crown in the Australian Constitution was submitted to the electors of the Commonwealth in 1999. keywords: article; australia; case; clr; commonwealth; constitution; court; federal; government; high; india; judges; law; laws; parliament; power; provisions; rights; section; state; united cache: dlj-1697.pdf plain text: dlj-1697.txt item: #75 of 343 id: dlj-1698 author: None title: dlj-1698 date: 2019-08-06 words: 10700 flesch: 39 summary: This focuses attention on the extent to which Auditors General enjoy in practice the 31 Core Principle 3. 32 For a useful discussion on the scope of the Auditor General’s powers, see Khumalo v Auditor General [2013] SZHC 56 (High Court of Swaziland). Keywords: Auditor General; constitutional role of; individual and institutional independence of; politically exposed persons; Anglophone African constitutions. keywords: accountability; article; auditor general; constitution; corruption; independence; kenya; law; national; office; peps; public; report; role; state cache: dlj-1698.pdf plain text: dlj-1698.txt item: #76 of 343 id: dlj-170 author: None title: dlj-170 date: 2012-10-29 words: 3346 flesch: 48 summary: Environmental law sounds new and it is certainly new in a Law School syllabus sense, but in reality it is as old as the common law itself. By far the most important has been the town and country planning legislation under which the right to develop land has been nationalised. keywords: act; authority; countryside; land; law; planning; subject cache: dlj-170.pdf plain text: dlj-170.txt item: #77 of 343 id: dlj-1700 author: None title: dlj-1700 date: 2019-08-06 words: 7318 flesch: 34 summary: Keywords: Latimer House ‘process’; Latimer House Guidelines; relations between Executive, Parliamentary and judiciary; Commonwealth Principles (Latimer House); good governance; rule of law; The Commonwealth (of nations); Commonwealth law ministers; Commonwealth heads of government; intergovernmental policy; Latimer House Toolkit; Commonwealth Ministerial * ON THE RELATIONSHIP BETWEEN THE THREE BRANCHES OF GOVERNMENT Action Group; Edinburgh Plan of Action; Harare Principles; democratically elected governments – overthrow of; Declaration of Commonwealth Principles; appointment-discipline-removal of judges gender balance in parliament; expulsion of members of Parliament; CHOGM (Commonwealth Heads of Government Meeting); Commonwealth Ministerial Action Group; Commonwealth associations; The Modern Commonwealth. keywords: commonwealth; commonwealth heads; commonwealth law; commonwealth principles; government; guidelines; house guidelines; judicial; judiciary; latimer house; law; process cache: dlj-1700.pdf plain text: dlj-1700.txt item: #78 of 343 id: dlj-1701 author: None title: dlj-1701 date: 2019-08-06 words: 23196 flesch: 43 summary: For United States women and all committed to ensuring women and men are equal under the law, the 19th-century omission of women 214 See Now (n 187). The latter is, however, generally accepted as existing ‘in perpetuity’, although this is inconsistent with Dicey’s principles: • That parliament may pass whatever law it desires; • That no Acts are ‘constitutional’ or have a status capable of being classed as unable to be repealed or amended, which would overrule the sovereignty of parliament; • That no parliament has power to bind its successors.8 Probably, if the United Kingdom Parliament were to repeal the Australian Constitution Act, the Australian Parliament would itself (endeavour to) pass the Act (as happened in Canada in 1982) – although this would raise the whole question of its status and content. keywords: act; amendment; australia; canada; change; commonwealth; communist party; constitution; constitution act; court; december; general; government; house; ibid; interpretation; law; laws; new; november; parliament; party; persons; power; referendum; rights; rights amendment; section; senate; states; united; united states; vote; war; women; wrongs cache: dlj-1701.pdf plain text: dlj-1701.txt item: #79 of 343 id: dlj-1702 author: None title: dlj-1702 date: 2019-08-06 words: 3786 flesch: 56 summary: If there is an inconsistency between state laws and Canberra, section 109 of the Constitution provides that the Commonwealth law will prevail. It was only by a very small margin of four to three that the High Court held the Racial Discrimination Act 1975 (Cth) was valid and the Commonwealth did have power to overrule state laws through using the external affairs power in the Constitution. keywords: australia; commonwealth; constitution; country; government; land; power; rules cache: dlj-1702.pdf plain text: dlj-1702.txt item: #80 of 343 id: dlj-171 author: None title: dlj-171 date: 2012-10-29 words: 3446 flesch: 45 summary: As pagan religion developed, more and more reflective pagans came to think in terms of religious sanctions behind moral laws, and this has happened all over the world in apparently disconnected religious cultures. This at least makes some effort to establish some criterion of what law ought to be as distinct from what it is, and to set up a bench mark to distinguish good laws and good policies from bad. keywords: courts; good; law; morality; policy; religion cache: dlj-171.pdf plain text: dlj-171.txt item: #81 of 343 id: dlj-1711 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 9709 flesch: 40 summary: The same might be said of the South African Constitutional Court, which origin is rooted in post-apartheid politics, with its mode of selection of its justices akin to the practice in Germany.134 The US Supreme Court has equally been described as a judicial institution with a mixture of political and policy-making functions.135 In Nigeria, by virtue of the structure of the Constitution (with the separation of governmental powers as one of its core principles), it would appear the Court is not empowered to attribute finality to a legitimate action or inaction which belongs in the political realm, as the mechanism for constituting the Court makes it incapable of proffering enduring answers to political questions. According to Ademola Popoola, political questions are distinguishable from political cases. keywords: case; constitution; court; decisions; doctrine; federal; government; ibid; law; nigeria; powers; question; review; state; supreme court cache: dlj-1711.pdf plain text: dlj-1711.txt item: #82 of 343 id: dlj-1717 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 11287 flesch: 37 summary: Its uniqueness lies in its articulation of development- related rights and, where necessary, expanding these rights82 Like the instruments highlighted earlier, the UNDRD emphasises the need for international co-operation as a universal remedy for its achievement83 It is arguably one of the few known international instruments that defines human rights as an entitlement of both individuals and peoples at the same time.84 Human rights are largely conceived as individual entitlement.85 76 ICESCR Art 12(2)(a). Governments with sufficient resources may however lack the will to implement human rights institutions and policies if it does not see it as a priority.145 The failure to protect human rights constitutes an obstacle to development.146 Government should protect people from human rights violations such as apartheid, racism and racial discrimination, colo- nialism, aggression, foreign interference and threats of war.147 Lack of Institutional Capacity Globally, institutions are often saddled with the responsibility of fostering devel- opment. keywords: african; article; countries; court; development; evaluation; human; ibid; international; law; law journal; legal; nations; people; right; rule; social; states; united; world cache: dlj-1717.pdf plain text: dlj-1717.txt item: #83 of 343 id: dlj-172 author: None title: dlj-172 date: 2012-10-29 words: 4077 flesch: 64 summary: Though the case was particularly concerned with Order II, Lord Goff (giving the leading judgment) took the opportunity to review both the principles relating to that Order and those relating to the grant of a stay of English proceedings which have been founded as of right. The relationship between Order II and stay Whether the court is being asked to grant a stay of English proceedings or leave is being sought under Order II, the same issue is at stake: should the matter be tried in England or in some other jurisdiction? keywords: court; english; forum; jurisdiction; spiliada; stay cache: dlj-172.pdf plain text: dlj-172.txt item: #84 of 343 id: dlj-173 author: None title: dlj-173 date: 2012-10-29 words: 6409 flesch: 62 summary: These recommendations were the ones enacted by the Family Law Reform Act 1987. However, the 1969 Act did not give such children any succession rights upon the intestacy of their grandparents or any collateral relatives, nor did it affect the devolution of an entailed estate nor entitle such children to take as an heir. keywords: act; child; children; commission; father; law; parents; rights cache: dlj-173.pdf plain text: dlj-173.txt item: #85 of 343 id: dlj-174 author: None title: dlj-174 date: 2012-10-29 words: 3571 flesch: 56 summary: Looking to the future, the last 3 years have seen major reviews of child law. Until we have settled the substantive law in that respect, and by this I mean the public law discussed in the White Paper, the private law to be discussed in the Report from the Law Commission and the related matters to emerge from the Cleveland enquiry, and have a clear view of questions and tasks which the courts will have to undertake, it would be rash, in my opinion, to decide what changes may be necessary to the constitution of the courts and their structure to ensure that they can effectively apply the intended new, comprehensive code of child law. keywords: care; children; court; hearing; law cache: dlj-174.pdf plain text: dlj-174.txt item: #86 of 343 id: dlj-175 author: None title: dlj-175 date: 2012-10-29 words: 14048 flesch: 63 summary: In Gates v. Ministry of Pensions, 72 he rejected a widow's claim that it extended to appeals from tribunal decisions under the Great War legislation. Reviewing tribunal decisions 1. keywords: appeal; cases; claimant; court; decision; denning; disease; evidence; judge; k.b; law; lco; lord; minister; ministry; pensions; pro; service; tribunals; w.p.a.r; war cache: dlj-175.pdf plain text: dlj-175.txt item: #87 of 343 id: dlj-1751 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 5353 flesch: 41 summary: A subsequent study looked at the provision of biologic therapy for Crohn’s disease in 10 English NHS Trusts, which served areas with the largest ethnic variation.12 The Freedom of Information (FOI) request revealed that in three trusts, Pennine Acute Hospitals NHS Trust covering Oldham and North Manchester, Barking, Havering & Redbridge University Hospitals NHS Trust and University Hospitals of Leicester NHS Trust, South Asian patients with Crohn’s disease were significantly less likely to receive biologic therapy than English patients. The three NHS Trusts which had treated fewer South Asian patients than expected, namely Pennine Acute Hospitals NHS Trust, Barking, Havering & Redbridge University Hospitals NHS Trust and University Hospitals of Leicester NHS Trust 2. keywords: access; care; delivery; disease; health; journal; nhs; organisations; patients; treatment; trusts cache: dlj-1751.pdf plain text: dlj-1751.txt item: #88 of 343 id: dlj-1764 author: None title: dlj-1764 date: 2019-08-06 words: 2153 flesch: 39 summary: That this document is so powerful a backstop and platform for present and future action is belied by its composition: the original United States Constitution comprised seven articles and 4,400 words. For the latter, the book is of particular relevance where, as is so with Australia, the country’s Constitution is constructed with a direct United States’ influence. keywords: bodenhamer; constitution; court; rights; states; united cache: dlj-1764.pdf plain text: dlj-1764.txt item: #89 of 343 id: dlj-1765 author: None title: dlj-1765 date: 2019-08-06 words: 3824 flesch: 36 summary: This book is part of a series aimed at connecting international law with public law. The role of international law As mentioned above, this book forms part of a series aimed at connecting interna- tional law with public law. keywords: equality; gender; law; public; rights; rubenstein; women; young cache: dlj-1765.pdf plain text: dlj-1765.txt item: #90 of 343 id: dlj-1766 author: None title: dlj-1766 date: 2019-08-06 words: 4127 flesch: 45 summary: The majority decided that federal funding of religious schools did not violate the establishment clause of section 116, Stephen (in the majority) calling upon English jurisprudence in support, Murphy (in dissent) asserting that the provision was framed not with regard to the United Kingdom, but to the United States. His proposition was that whilst section 116 operated simply as a ‘shield’ against encroachments on religious freedom, the new provision would re-orientate the constitutional profile with section 60A providing ‘a sword wielded by the Commonwealth to bring about religious freedom in practice’.20 keywords: australian; beck; commonwealth; constitution; freedom; ibid; religion; section; states cache: dlj-1766.pdf plain text: dlj-1766.txt item: #91 of 343 id: dlj-177 author: None title: dlj-177 date: 2012-10-29 words: 6669 flesch: 62 summary: It is the foundation of our system of case law. On further reflection, however, the student will soon come to understand that in such cases, as in so many others, the law must hold a balance between conflicting interests. keywords: case; court; decision; judges; justice; law; lord; rules; sense; view cache: dlj-177.pdf plain text: dlj-177.txt item: #92 of 343 id: dlj-178 author: None title: dlj-178 date: 2012-10-29 words: 8245 flesch: 69 summary: He remained Lord Chancellor after Attlee's 1950 election victory and told Shawcross that he was to be Foreign Secretary as successor to Bevin. As Lord Chancellor he was the first to give a woman her chance when promoting Elizabeth Lane to the County Court Bench. keywords: bacon; campbell; chancellor; dilhorne; gardiner; heuston; history; jowitt; kilmuir; law; lives; lord; lord chancellor; office; simon; simonds; stair; woolsack; years cache: dlj-178.pdf plain text: dlj-178.txt item: #93 of 343 id: dlj-179 author: None title: dlj-179 date: 2012-10-29 words: 6698 flesch: 57 summary: Each year the pyramid of new laws grows higher and higher. Such laws, even when supplemented by chiefly or royal edict, have certain characteristics which tell against excessive law-making. keywords: act; case; criminal; effectiveness; government; law; laws; option; purposes; society; speed; success cache: dlj-179.pdf plain text: dlj-179.txt item: #94 of 343 id: dlj-1790 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 342 flesch: 39 summary: We are pleased to have students represented among our author contributors and will look to have further student writing competitions in the future. Lord Denning recognised the importance of: • developing the common law; • focusing on the development of law in Commonwealth jurisdictions; • the need for judicial and community recognition of the urgency of reform and modernisation of law; • the need to preserve traditions of judicial independence, integrity, accountability and creativity; • reflecting upon the interplay of law and morality; • the role to be played by the state in the defence of the individual; • international and comparative law; • the protection and promotion of human and constitutional rights; and • the development of constitutional and administrative law. keywords: law cache: dlj-1790.pdf plain text: dlj-1790.txt item: #95 of 343 id: dlj-1791 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 16129 flesch: 43 summary: This is why animal welfare law needs to be clear, consistent and enforceable to maintain a humane yet pragmatic level of protection to animals. Animal welfare law continued to be developed throughout the twentieth century, with the introduction of further legislation such as the Pet Animals Act 1951, Riding Establishment Acts 1964 and 1970 and the Welfare of Animals at Slaughter Act 1991. keywords: act; animal; animal sentience; animal welfare; awa; brexit; chance; cruelty; denning; duty; horse; human; ibid; journal; law; law journal; legislation; march; new; paper; position; property; protection; recognition; sentencing; sentient; society; time; welfare act; welfare law cache: dlj-1791.pdf plain text: dlj-1791.txt item: #96 of 343 id: dlj-1792 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 15512 flesch: 41 summary: While the current regulations are comprehensive, their verboseness has led to confusion, testament to this is the number of appeals of FEI Tribunal decisions to the CAS. The FEI Tribunal acknowledged that the ‘heavy’ burden is ‘impossible to discharge’.57 In citing the jurisprudence of the CAS, the FEI Tribunal asserted that if intent were to be proved, it would make the fight against doping ‘practically impossible’.58 It emphasised the FEI’s medication policy as having the dual aims of ensuring a level playing field and animal welfare. keywords: anti; april; article; athletes; cas; court; decision; doping; equine; equine doping; fei; fei equine; fei tribunal; horse; ibid; law; liability; month; para; rules; sport; standard; substance; suspension; welfare cache: dlj-1792.pdf plain text: dlj-1792.txt item: #97 of 343 id: dlj-1793 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 6428 flesch: 31 summary: This comment will examine the framework for political apologies in general and then consider the endorsements of the Declaration by the United States, Canada, Australia and New Zealand in light of contemporary apology theory. The Institute for the Study of Human Rights (the Institute) has compiled a list of political apologies, beginning in 1077 with the apology of the Holy Roman Emperor Henry IV to Pope Gregory for ‘church-state conflicts’ and ends in 2016 with an apology made by ISIS to Israel for firing on an Israeli military unit in the Golan Heights.14 keywords: apologies; apology; canada; declaration; government; ibid; nations; past; peoples; rights; statement; states; united cache: dlj-1793.pdf plain text: dlj-1793.txt item: #98 of 343 id: dlj-1794 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 3631 flesch: 38 summary: There is no suggestion in any of the documentation that the purchase monies were the proceeds of crime or that Mr Sharif was knowingly involved in way with money laundering. A further allegation was that Mr Sharif had acted in circumstances which disclosed a significant risk that money laundering was taking place and that he had failed both to act with integrity and maintain the trust the public placed in the profession.25 It was submitted by the Applicant that the Exaltation transaction presented a higher risk of money laundering on account of a number of warning signs: • the X clients keywords: laundering; money; ownership; practitioners; sharif; solicitors cache: dlj-1794.pdf plain text: dlj-1794.txt item: #99 of 343 id: dlj-1795 author: Sarah Sargent, Juris Doctorate, James Slater title: The Denning Law Journal date: 2020-01-03 words: 2753 flesch: 32 summary: Given these strong statements, it is difficult to justify the retention of the criminal standard of proof in disciplinary cases before the Solicitors Disciplinary Tribunal. Thus the flexibility of the standard lies not in any adjustment to the degree of probability required for an allegation to be proved (such that a more serious allegation has to be proved to a higher degree of probability), but in the strength or quality of the evidence that will in practice be required for an allegation to be proved on the balance of probabilities.32 26 Solicitors Regulation Authority v Solicitors Disciplinary Tribunal (n 6) para 49. keywords: proof; solicitors; standard; tribunal cache: dlj-1795.pdf plain text: dlj-1795.txt item: #100 of 343 id: dlj-180 author: None title: dlj-180 date: 2012-10-29 words: 6272 flesch: 56 summary: Ibid., 15 THE DENNING LAW JOURNAL simpler, more accessible to those who work with it and more comprehensible.7 The Lord Chancellor rightly described the Bill as the most comprehensive and far reaching reform of child law which has come before Parliament in living memory.8 The object of this essay is not to give a detailed commentary on the Bill's provisions - an undertaking which would be of little value not least because the Government has shown itself commendably ready to listen to reasoned comment on its proposals, so that substantial changes on points of detail may well take place during the parliamentary debates on the BiII- but rather to highlight some broad trends in the development of the law; and to seek to place the most recent changes in context. Prospects for a truly unified Family Court in the sense in which that term has been used by many advocates for the concept seem to have receded almost to vanishing point, If anything, the Bill seems gready to enhance the involvement of the magistrates in children cases - a result which would not have been consistent with the views expressed in what is still the most powerfully argued case for a unified Family Court - the Report of the (Finer) Committee on One-Parent Families, Cmnd. 5629, 1974. keywords: act; authority; care; child; children; court; family; law; order; parents cache: dlj-180.pdf plain text: dlj-180.txt item: #101 of 343 id: dlj-181 author: None title: dlj-181 date: 2012-10-29 words: 12937 flesch: 56 summary: The lacuna to Caldwell recklessness was thus born. L.R. 376. 42 RECKLESSNESS RE-EXAMINED immunity of this offence from Caldwell recklessness was developed obliquely by Lord Lane CJ in the leading case of R. v. Pigg.63 keywords: act; caldwell; defendant; diplock; law; lord; lord diplock; manslaughter; mind; recklessness; risk; test cache: dlj-181.pdf plain text: dlj-181.txt item: #102 of 343 id: dlj-183 author: None title: dlj-183 date: 2012-10-29 words: 3727 flesch: 59 summary: Value judgements are essentially about qualities, beautiful and ugly, good and bad, right and wrong, just and unjust, kind or brutal, in which praise and blame are bestowed, it would seem objectively, despite the fact that none of this group of qualities can be measured or observed, that none of them are capable of definition in terms of the others, or in terms of some neutral qualities per genus aut speciem, despite the frequent and virtually age long attempts, at least by Western philosophers to achieve precisely this result. What I am suggesting is that my grandfather's last words point to a congruity about value judgements amongst earnest seekers rather than divergence, and even more significantly that this congruity points to an objective validity and not to a more subjective feeling of approval or disapproval. keywords: good; judgements; self; terms; time; value; world cache: dlj-183.pdf plain text: dlj-183.txt item: #103 of 343 id: dlj-184 author: None title: dlj-184 date: 2012-10-29 words: 12965 flesch: 58 summary: The development of trade union law must be symptomatic of the wider concerns of the state and its perception of the public interest. The history of the relationship between trade unions and the state Having explored the idea that the constitutional and political relationships between sectional interests and the state are as important as the economic relationships between those interests, it is time to test the idea against the reality of the history of trade union law. keywords: act; bargaining; collective; economic; government; industrial; interest; labour; labour law; law; relations; relations act; relationship; state; trade union; union law; unions cache: dlj-184.pdf plain text: dlj-184.txt item: #104 of 343 id: dlj-185 author: None title: dlj-185 date: 2012-10-29 words: 5304 flesch: 52 summary: One of the most unsatisfactory features of the existing system was that every year about 1.8 million estimated assessments on trading profits were made in the absence of timely returns, and that in no less than 1.7 million cases use of the appeal machinery was needed to compel the production of tax returns and accounts. The second category, described as Default Class B or gross negligence, consisted in the omission or understatement in tax returns of an amount arithmetically calculated or lesser but repeated omissions or understate- ments. keywords: cent; committee; company; default; revenue; tax; transaction cache: dlj-185.pdf plain text: dlj-185.txt item: #105 of 343 id: dlj-186 author: None title: dlj-186 date: 2012-10-29 words: 6387 flesch: 61 summary: It affirmed expressly what 132 BRUSSELS 1992 - PHILADELPHIA 1787 was only implicit in the Treaties - the primacy of Community law; that is to say, that where a national rule and a community rule came into conflict the Community rule had to prevail. It is to be distinguished from classic intemationallaw which binds only the contracting states, in that Community law confers rights (and may impose obligations) upon each and every one of the 320 million community citizens. keywords: brussels; community; court; european; law; market; member; philadelphia; rule; states; treaty cache: dlj-186.pdf plain text: dlj-186.txt item: #106 of 343 id: dlj-187 author: None title: dlj-187 date: 2012-10-29 words: 13060 flesch: 62 summary: Lord Reading's remark is, I think, a particularly clear statement of the attitude of mind with which the judiciary have approached the activities of the vigilant state, and it is an attitude of mind which has been in general reflected in the course of judicial decisions in this area. Other judges might have meant trouble. keywords: british; case; course; decisions; denning; detention; example; executive; form; home; judges; law; london; lord; office; rights; security; service; sir; state; time; war cache: dlj-187.pdf plain text: dlj-187.txt item: #107 of 343 id: dlj-188 author: None title: dlj-188 date: 2012-10-29 words: 8281 flesch: 54 summary: The growth of official secrecy and background to the Act It is strange, perhaps, to contemplate that the first Official Secrets Act was passed in 1889. the Secretary of State to declare such things as railways, roads or other means of communication, or any place belonging to His Majesty to be a prohibited place for the purposes of the Act: Official Secrets Act 1911, s.3. keywords: act; defence; disclosure; government; information; interest; law; official; public; secrets; section cache: dlj-188.pdf plain text: dlj-188.txt item: #108 of 343 id: dlj-189 author: None title: dlj-189 date: 2012-10-29 words: 4956 flesch: 62 summary: Forcing those concerned with the plight of animals to conduct their dialogue in terms of natural rights, or human rights, not only clouds the essential point that animals should never be made to suffer more than we, as humans, have determined to be absolutely necessary - which, in itself, leaves open the question why humans should have this power. This refers to claims that certain rights, even be they legal rights, not only exist but are absolute, imprescriptible and boast an unending, unchangeable right to exist. keywords: bentham; language; law; rights; rules; theory; view; world cache: dlj-189.pdf plain text: dlj-189.txt item: #109 of 343 id: dlj-190 author: None title: dlj-190 date: 2012-10-29 words: 8158 flesch: 54 summary: The Criminal Law To try to promote implementation of Law Commission proposals has not generally been seen (overtly at least) as part of the Commission's function. He instanced the hearing of evidence by such a Committee during the passage of the Criminal Attempts Bill in 1981 and of the Matrimonial and Family Provision Bill, 1984, as examples of the way in which such a procedure can serve to still prejudice and alarm at Commission proposals .13 At the time of its creation it was expected that one of the principal tasks of the Law Commission would be to codify whole branches of the law.14 Obviously any Code Bill was likely to be a very substantial measure but, although concern was expressed at lack oflegislative time for Law Commission Bills generally, there was no discussion in depth about the difficulty which would be presented by a Bill which codified a whole branch of the law such as criminal law or the law of landlord and tenant. keywords: challenges; code; committee; family law; law commission; law reform; lord; programme; projects; report; time; work cache: dlj-190.pdf plain text: dlj-190.txt item: #110 of 343 id: dlj-191 author: None title: dlj-191 date: 2012-10-29 words: 9320 flesch: 67 summary: To remit the maintenance of constitutional right to the region of judicial discretion, said Lord Shaw of Dunfermline in 1913, is to shift the foundations of freedom from the rock to the sand.5 [1978] A.C. 171, at p.239 G. 27 THE DENNING LAW JOURNAL Any lack of certainty as to what judicial discretion is may also be thought undesirable. keywords: act; app; appeal; case; court; crim.l.r; criminal; discretion; evidence; exercise; judge; law; right; section; trial cache: dlj-191.pdf plain text: dlj-191.txt item: #111 of 343 id: dlj-1916 author: None title: dlj-1916 date: 2021-03-30 words: 8752 flesch: 47 summary: The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts, that is to say - (a) … (b) that the respondent has behaved in such a way that the petitioner cannot be expected to live with the respondent; … That is it: plain English with no gloss from case law, although there used to be some in the pre-1969 law and in the early days after the 1969 Divorce Reform Act was consolidated into the Act of 1973. Thus if the Respondent does not successfully challenge the Petitioner’s case in some way, the decree will be granted, provided the behaviour complained of could (i) objectively be sufficient to qualify for a decree on the Fact of behaviour, that is, not be totally trivial, but without further gloss, and (ii) as a matter of fact satisfy the hybrid objective and subjective test which has emerged from case law in the years since 1973. keywords: appeal; behaviour; case; court; divorce; judge; judgment; law; marriage; owens; paragraph cache: dlj-1916.pdf plain text: dlj-1916.txt item: #112 of 343 id: dlj-1917 author: None title: dlj-1917 date: 2021-03-30 words: 10681 flesch: 55 summary: 90 P Giliker, ‘Vicarious liability in the UK Supreme Court’ (2016) 7 UK Supreme Court Yearbook 152; R Stevens, ‘Non-Delegable Duties and Vicarious Liability’ in JW Neyers, E Chamberlain and SGA Pitel (eds), Emerging Issues in Tort Law (Hart 2007). The review concluded that there had been no dramatic change in the law but that the cases provide a measure of comfort to employers in something of a common-sense view being taken as to the scope of vicarious liability. keywords: april; bank; barclays; business; cases; court; denning; employee; employment; insurance; journal; law; liability; lord; ltd; morrison; non; professor; relationship; review; supreme; supreme court; work cache: dlj-1917.pdf plain text: dlj-1917.txt item: #113 of 343 id: dlj-1918 author: None title: dlj-1918 date: 2021-03-30 words: 14098 flesch: 48 summary: Judicial Review Lord Donaldson MR in R v Lancashire County Council ex p. Huddleston described the role of judicial review in the 21st century as “a new relationship between the courts and those who derive their authority from public law, one of partnership based on a common aim, namely the maintenance of the highest standards of public administration”.32 There is a contractual duty of candour imposed on all providers of services to NHS patients in the UK to give them all necessary support and relevant information in the event of a reportable patient safety incident, which could have or did result in moderate or severe harm or death. 27 J Beer, ‘Introduction’ in J Beer, J Dingemans and R Lissack, Public Inquiries (OUP 2011) 1. 28 Institute for Government, ‘General trust in the professions of individuals who have chaired public inquiries since 1990’ (2017) accessed 7 May 2020. keywords: act; bem; care; commission; community; delivery; discrimination; health; health care; inquiries; inquiry; issues; journal; judicial; law; mechanisms; medical; nhs; patients; public; report; review; royal; trust cache: dlj-1918.pdf plain text: dlj-1918.txt item: #114 of 343 id: dlj-1919 author: None title: dlj-1919 date: 2021-03-30 words: 26268 flesch: 44 summary: E-mail: alerouxkemp@lincoln.ac.uk 88 LEGAL EDUCATION AND THE REPRODUCTION OF HIERARCHY: A CONTEMPORARY ASIAN READING OF A SEMINAL TEXT then turn to the narratives of Hong Kong law students, offering a window into their experiences as (unintended) participants in the hierarchies of law and legal education in Hong Kong. But what shared experiences or echoes of acknowledgement, if any, could 21st century Hong Kong law students have with a Harvard Law Professor’s musings that predate most of their (the Hong Kong students’) birth? keywords: admission; degree; denning law; education; education system; hierarchy; hong kong; jd student; kennedy; kong law; kong special; kong students; kong university; law degree; law firms; law journal; law school; law society; law students; legal; llb; marsh; practice; ramsden; reproduction; schools; system; training; university cache: dlj-1919.pdf plain text: dlj-1919.txt item: #115 of 343 id: dlj-192 author: None title: dlj-192 date: 2012-10-29 words: 6165 flesch: 67 summary: Such saving provisions were to be regarded as being inserted ex abundanti cautela.26 Lord Du Parcq also indicated that he did not regard the dictum of Lord President Dunedin27 as representing English law on Crown immunity. But the B. B. C. had been so clearly and deliberately created as an independent body that it could not claim the benefit of Crown immunity from taxing statutes. keywords: act; case; court; crown; general; immunity; k.b; law; lord; public; rule; statute; w.l.r cache: dlj-192.pdf plain text: dlj-192.txt item: #116 of 343 id: dlj-1920 author: None title: dlj-1920 date: 2021-03-30 words: 10075 flesch: 51 summary: The aim of this article is to review and critically analyse the English law relating to common intention constructive trusts in the context of the family home. Nugee LJ, whilst acknowledging that there is no presumption of joint beneficial ownership where the family home is put into the name of one party only, accepted that the parties’ common intention had to be deduced objectively from their conduct. keywords: common; contributions; court; english; family; intention; law; ownership; parties; property; trust cache: dlj-1920.pdf plain text: dlj-1920.txt item: #117 of 343 id: dlj-1921 author: None title: dlj-1921 date: 2021-03-30 words: 741 flesch: 53 summary: Our articles also delve into the many diverse and pressing legal issues and developments of our time. Vicarious liability, as a doctrine of judicial precedent rather than of statutory origins, can be changed directly by a Supreme Court ruling, in contrast to the situation that was put forward through the Owens v Owens decision. keywords: court; law; supreme cache: dlj-1921.pdf plain text: dlj-1921.txt item: #118 of 343 id: dlj-1922 author: None title: dlj-1922 date: 2021-03-30 words: 5453 flesch: 37 summary: It is also worthy of note that some researchers also reject treaties as mechanisms for preserving First Nations rights and access to compensation, arguing that ‘treaties, deeds of settlement and agreements (or even clear judicial pronouncements) do not hold secure the rights of First Nations Peoples when such rights remain subject to the [will] of parliament’.68 63 Shireen Morris, ‘Re-evaluating Mabo: The Case for Native Title Reform to Remove Discrimination and Promote Economic Opportunity’ (2012) 5(3) This signifies that redress is more substantively achieved by the payment of compensation than through the delivery of an apology in words alone.29 By comparison, the Australian Government’s apology to First Nations persons demonstrates how an apology may be politicised, and by degree hijacked for the purposes of a political agenda, especially when it does not accompany any offer of compensation.30 In such circumstances there is no reason to believe that the apology is anything but an empty gesture. keywords: apologies; apology; australian; canada; compensation; government; justice; law; national; nations; organick; people; policy; rights cache: dlj-1922.pdf plain text: dlj-1922.txt item: #119 of 343 id: dlj-1923 author: None title: dlj-1923 date: 2021-03-30 words: 6491 flesch: 56 summary: Following the personal memoir, Brave, by Rose McGowan,10 they are the first of what can be predicted as an avalanche of books addressing the film and television industry, and the exploitation 8 Reuters, ‘Harvey Weinstein trial: how events unfolded’ The Guardian (24 February 2020) accessed 15 April 2020. On three charges Weinstein was declared not guilty: two counts of predatory sexual assault carrying a possible life sentence, and an alternative count of rape in the first degree.8 Upon sentencing, Harvey Weinstein was taken into custody to serve 23 years. keywords: farrow; harvey; ibid; industry; kantor; law; mcgowan; media; ronan; rose; story; twohey; weinstein; women cache: dlj-1923.pdf plain text: dlj-1923.txt item: #120 of 343 id: dlj-193 author: None title: dlj-193 date: 2012-10-29 words: 8635 flesch: 54 summary: Emergency powers and the rule of law The question must be asked as to whether the rule of law can co-exist with emergency powers. Viewed in this context, the focus of attention should shift from the question whether emergency powers ought to be tolerated within a democracy to whether such emergency powers as exist at anyone time are proportionate to the dangers threatening that democracy. keywords: act; article; constitution; court; emergency; emergency powers; government; king; law; malaysia; proclamation; state cache: dlj-193.pdf plain text: dlj-193.txt item: #121 of 343 id: dlj-194 author: None title: dlj-194 date: 2012-10-29 words: 6572 flesch: 58 summary: Unless, in confidential information cases, it is made clear what principle of law is being applied the application of the law to new factual situations, which are bound from time to time to arise, will be haphazard. There are a number of judicial decisions which, by providing a remedy for the misuse of private confidential information have, in effect, given a measure of protection to privacy. keywords: breach; case; duty; employee; employment; information; law; tort cache: dlj-194.pdf plain text: dlj-194.txt item: #122 of 343 id: dlj-195 author: None title: dlj-195 date: 2012-10-29 words: 6726 flesch: 64 summary: Much more common are constructive trusts arising between the parties to an extra-marital relationship.43 Many cases involve variations after the initial purchase, which must presumably operate by way of constructive trust. [1967] Ch. 302. 20. keywords: cases; constructive; denning; equity; jurisdiction; law; lord; marriage; property; relationship; trust cache: dlj-195.pdf plain text: dlj-195.txt item: #123 of 343 id: dlj-196 author: None title: dlj-196 date: 2012-10-29 words: 4887 flesch: 49 summary: Expert systems and knowledge-based systems The broadly agreed goal of workers in the fields of expert systems and knowledge-based systems is to use computer technology to make scarce expertise and knowledge more widely available and easily accessible. Artificial intelligence as applied in the legal field can be sub-divided into two categories: expert systems and knowledge-based systems; and enhancements to legal information retrieval systems. keywords: expert; expert systems; field; knowledge; law; stage; systems cache: dlj-196.pdf plain text: dlj-196.txt item: #124 of 343 id: dlj-197 author: None title: dlj-197 date: 2012-10-29 words: 11683 flesch: 63 summary: They have suggested that the concept of a mistress is wholly sexist and that the term mistress carries connotations of an exclusively illicit and outdated sexual relationship.4 These disparaging observations pertaining to mistresses may result from an excessively rigorous conceptualization of extra-marital relationships into two distinct categories, the first consisting of cohabitants and the second consisting of kept women. If this latter ideal is to be buttressed, the relationship of mistress and lover must be distinguished from defacto matrimonial relationships for the purpose of excluding it from any expanded definition of marriage. keywords: act; applicant; court; deceased; e.r; ibid; inheritance; law; lover; maintenance; mistress; property; provision; relationship; section cache: dlj-197.pdf plain text: dlj-197.txt item: #125 of 343 id: dlj-198 author: None title: dlj-198 date: 2012-10-29 words: 5158 flesch: 58 summary: They appear on reflection precisely the sort of difficulties of detail that are inevitable where a rule oflaw is meant to apply to the infinite variety of employment contracts. The workers, with a genuine feeling of injustice - (again to talk of political and other motives at this stage unnecessarily blurs the issue), exasperated at the inflexibility of the employer - (again 'wildcat strikes' have to be acknowledged as a considerable feature of the scene but require separate treatment as excesses whatever the rules), are prepared to risk their future employment prospects by strike action. keywords: contract; denning; employer; employment; law; right; strike; terms; trade cache: dlj-198.pdf plain text: dlj-198.txt item: #126 of 343 id: dlj-199 author: None title: dlj-199 date: 2012-10-28 words: 10861 flesch: 63 summary: The question naturally arises: why at the nocturnal meeting did the Sanhedrin investigate and ftnd proved a charge of blasphemy arising from Jesus' words against the Temple when, to secure their presumed object of Jesus' death, it was only necessary to ftnd for Pilate evidence of treason which they achieved in the morning meeting? : The Trials of Jesus of Nazareth R. P. Booth* To the Roman judge, Pilate - so records the Evangelist, John - the Jews protested that they had a law, and by that law Jesus should die because he had made himself the Son of God.l keywords: death; evidence; god; herod; jesus; jews; john; law; luke; mark; pilate; priests; roman; sanhedrin; son; temple cache: dlj-199.pdf plain text: dlj-199.txt item: #127 of 343 id: dlj-200 author: Borrie, Gordon title: Consumer Redress - An Overview date: 2012-11-07 words: 4304 flesch: 60 summary: If we accept that there will always be a need for consumer redress schemes we must also ask ourselves: what form should they take? Like arbitration this was originally a means for resolving disputes between businesses but - again like arbitration - it is a flexible procedure and it could be adapted for dealing with consumer disputes. keywords: arbitration; claims; complaints; consumers; ombudsman; procedure; redress; scheme cache: dlj-200.pdf plain text: dlj-200.txt item: #128 of 343 id: dlj-201 author: Crill, Peter title: Clameur de Haro date: 2012-11-07 words: 1567 flesch: 65 summary: Pissard inLa Clameur de Haro dans IeDroit NormanrP reports that in 1761,in the course of an appeal heard in Rouen, it was said Le haro suppose un peril pressant; il est fair pour conserver el non pour recouvrer. As Le Gros points out, several other countries had similar clameurs. keywords: case; clameur; guernsey; haro; jersey cache: dlj-201.pdf plain text: dlj-201.txt item: #129 of 343 id: dlj-202 author: Elias, Olufemi title: Some Remarks on the Persistent Objector Rule in Customary International Law date: 2012-11-07 words: 7814 flesch: 62 summary: More important for our definitional problem is the question whether, even if the persistent objector is bound by rules of ius cogens, it is bound by customary rules of the character of ius dispositivum? If rules of customary international law are based on consent, the category of persistent objector is otiose since dissenting States will not be bound whether or not objection is persistent. keywords: law; objector; persistent; rule; state; supra; supra n. cache: dlj-202.pdf plain text: dlj-202.txt item: #130 of 343 id: dlj-203 author: Hatchard, John title: Governmental Accountability, National Development and the Ombudsman: A Commonwealth Perspective date: 2012-11-07 words: 11155 flesch: 45 summary: Clearly the size of the population will help determine staffing levels, but even so, several ombudsman offices reported serious operational difficulties due to acute staff shortages. For example, in Zimbabwe all courts and government offices have a general information leaflet on the ombudsman written in the three national languages. keywords: accountability; commission; complaints; development; government; investigations; national; office; officials; ombudsman; public; report; state; study cache: dlj-203.pdf plain text: dlj-203.txt item: #131 of 343 id: dlj-204 author: Hough, Barry title: Standing for Pressure Groups and the Representative Plaintiff date: 2012-11-07 words: 10603 flesch: 59 summary: And this compels a narrow and one-sided view ... .1 In public interest litigation, therefore, the law has required that justice be done for the benefit of the individual2 who seeks to vindicate his private legal rights. Quite apart from whether, in public interest litigation, justice is done for the benefit of the public, 11 there remains the question of whether the locus standi rules fall to be applied solely against the representative litigant or whether the court can have regard to the interests of the represented group to fortify the position of the representative. keywords: action; case; class; court; group; interest; law; litigation; locus; proceedings; public; representative; rights; rules; standing cache: dlj-204.pdf plain text: dlj-204.txt item: #132 of 343 id: dlj-205 author: Kirby CMG, Michael J title: Miscarriages of Justice - Our Lamentable Failure? date: 2012-11-07 words: 11241 flesch: 66 summary: Thus, the jury should be informed that it is comparatively more difficult for an accused person held in police custody without access to legal advice or other means of corroboration to have evidence available to support a challenge to police evidence of confessional statements than it is for such police evidence to be fabricated, and, accordingly, it is necessary that they be instructed, ... that they should give careful consideration as to the dangers involved in convicting an accused person in circumstances where the only (or substantially the only) basis for finding that guilt has been established beyond reasonable doubt is a confessional statement allegedly made whilst in police custody, the making of which is not reliably corroborated. The reports on the case were succeeded by widespread coverage of an important new decision of the High Court of Australia concerning judicial warnings about disputed and uncorroborated police evidence of confessions. keywords: appeal; australia; case; conviction; court; criminal; evidence; judges; jury; justice; law; miscarriages; police; queen; supra; system; trial cache: dlj-205.pdf plain text: dlj-205.txt item: #133 of 343 id: dlj-206 author: Mackenzie-Stuart, the Hon Lord title: Benjamin Franklin in Scotland date: 2012-11-07 words: 5766 flesch: 58 summary: It is the more interesting since we perhaps forget that until the eve of the Declaration of Independence Franklin thought of himself as a Briton - he frequently describes himself as such and even had thoughts of settling permanently in the United Kingdom. To cut matters short, however, during his stay in Edinburgh Franklin met to our recorded knowledge almost all the circle of friends and acquaintances whom we associate with the Scottish Enlightenment. keywords: benjamin; edinburgh; franklin; independence; kames; london; lord; philadelphia; scotland; scottish; visit; years cache: dlj-206.pdf plain text: dlj-206.txt item: #134 of 343 id: dlj-207 author: Sweyn, the Hon Mr Justice title: The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy? date: 2012-11-07 words: 5363 flesch: 61 summary: In the absence of a doctrine of good faith English law has to resort to the implication of terms by reason of the nature of the contract (e.g., an implied duty to cooperate where the contract cannot be performed without cooperation, as in MacKay v. Dick)6 or by reason of special circumstances of a particular contract. Mr Justice Steyn* The aim of any mature system of contract law must be to promote the observance of good faith and fair dealing in the conclusion and performance of contracts. keywords: contract; contract law; convention; dealing; english; faith; insurance; law; parties; terms cache: dlj-207.pdf plain text: dlj-207.txt item: #135 of 343 id: dlj-208 author: Walker, D M title: Viscount Stair date: 2012-11-07 words: 7417 flesch: 63 summary: There were accordingly in existence some collections of materials on Scots law but no book, and it is hard to say that there was a system of law. The materials on Scots law were very scanty. keywords: aps; book; charles; decisions; institutions; law; laws; principles; rights; scotland; scottish; stair cache: dlj-208.pdf plain text: dlj-208.txt item: #136 of 343 id: dlj-218 author: Desmond, Helen title: Pensions and Retirement on the Agenda date: 2012-11-12 words: 10736 flesch: 51 summary: 15 Yet, as pointed out by the Social Security Comminee, until the large-scale loss of pension funds from pension schemes run by Maxwell there was little overt public appreciation either of the value of pension rights or of the significant holdings in the stock market held on behalf of pension contributors which the report calls a 'blackout. 11 THE DENNING LAW JOURNAL Insofar as company pension schemes are concerned, however, this principle does not apply. keywords: age; benefits; committee; company; employer; funds; government; law; members; pension; pension funds; pension schemes; retirement; scheme; security; security committee; social; state; trustees cache: dlj-218.pdf plain text: dlj-218.txt item: #137 of 343 id: dlj-219 author: Doe, Norman title: Obedience to Doctrine in Canon Law: The Legal Duty of Intellectual Assent date: 2012-11-12 words: 9861 flesch: 52 summary: This is, in itself, a very large subject and has since Vatican II seen in the Roman Catholic Church a significant shift in canon law from the idea that the right to formulate and present church doctrine for public view is one vested in the ecclesiastical hierarchy (in the pastors of the church), to one in which all the faithful, lay and clerical, possess a magisterial function.3 One particular area of the law relating to doctrine is that of the authority which canon law ascribes to different forms of doctrine as produced by the various ecclesiastical institutions - whether doctrines produced by institutions in the church are of sufficient authority to impose on the church member the duty of intellectual obedience to them, and the obligation not to dissent, either privately or publicly. We shall examine here, in outline, the legal position of assent to and dissent from ecclesiastical doctrines under the canonical systems of the Roman Catholic Church and the Church of England. keywords: assent; canon; canon law; catholic; church; church law; dissent; doctrine; duty; england; faith; law; right; roman cache: dlj-219.pdf plain text: dlj-219.txt item: #138 of 343 id: dlj-220 author: Edwards, Susan title: Pornography: A Plea for Law Reform date: 2012-11-12 words: 9867 flesch: 60 summary: In the production of pornography women and children suffer harm and abuse. a. Fantasy: the effect on the mind Given the ambiguity and uncertainty within the statute and lack of guidance in case law, courts are not sure what precise effect they are looking for, and the matter still remains indeterminate. keywords: act; deprave; effect; harm; law; material; obscene; obscenity; pornography; reform; section; sex; test; violence; women cache: dlj-220.pdf plain text: dlj-220.txt item: #139 of 343 id: dlj-221 author: Greenfield, S; Osborn, G title: Unconscionability and Contract: The creeping shoots of Bundy date: 2012-11-12 words: 3554 flesch: 60 summary: 28 However, whilst the analysis of the case can be based on a logical extension of the doctrine of restraint of trade from the publishing agreements of Schroeder and into the lucrative area of recording agreements, Dillon LJ's arguments owe much to the reasoning of Lord Diplock in the same case. Within these cases the lack of specialist advice and the inequality of bargaining power between the parties have proved crucial, and the Courts' decisions have appeared to support the notion of a general principle that was advanced by Lord Denning in Lloyds Bank v. Bundy.4 Calls for a single unifying principle are by no means of purely modern origin. keywords: agreement; bargaining; contract; denning; lord; power cache: dlj-221.pdf plain text: dlj-221.txt item: #140 of 343 id: dlj-222 author: Henry, the Hon Mr Justice title: Serious Fraud, Long Trials and Criminal Justice date: 2012-11-12 words: 9774 flesch: 66 summary: Jury trials subject to such time limits have been held in America, though not yet criminal trials. Might not there be a statutory limit on the length of jury trials, only to be exceeded with leave of the Court? keywords: case; court; criminal; defence; evidence; fraud; judge; jury; justice; system; trial cache: dlj-222.pdf plain text: dlj-222.txt item: #141 of 343 id: dlj-223 author: Kodilinye, Gilbert title: A Fresh Approach to the Ex Turpi Causa and 'Clean Hands' Maxims date: 2012-11-12 words: 5193 flesch: 63 summary: [1992] 2 W.L.R., at p. 516. 100 A FRESH APPROACH TO THE EX TURPI CAUSA AND 'CLEAN HANDS' MAXIMS Lloyd LJ reached the same conclusion as Nicholls LJ, but by a slightly different route.39 In his view, the defendant did not need to rely on the illegal purpose to establish the common intention (i.e., that the house was to be held on behalf of both parties in equal shares) on which her claim rested. That is not to suggest that it would be undesirable to apply such a test in equity cases such as Tinsley v. Milligan. keywords: court; defendant; plaintiff; property; purpose cache: dlj-223.pdf plain text: dlj-223.txt item: #142 of 343 id: dlj-225 author: Nott, Susan title: A Legal Conundrum: The Law's Treatment of Women date: 2012-11-12 words: 7615 flesch: 57 summary: Their report, Women at the TOp,38 highlights that women are still very much in a minority in these influential positions. Within the service sector women are most frequently found in certain occupations such as medical and other health services.29 It would appear that where women employees are in the majority then low pay is the order of the day. keywords: act; discrimination; law; legislation; opportunities; pay; sex; time; treatment; women; work cache: dlj-225.pdf plain text: dlj-225.txt item: #143 of 343 id: dlj-226 author: Pearce, Robert title: What kind of Castle? date: 2012-11-12 words: 12464 flesch: 70 summary: Quite apart from this kind of nuisance, there can be other problems concerning the use of shared property which are susceptible to regulation, like the parking in the Irish rights of residence case. If the owner of the house has led a visitor to believe that the visitor will be allowed to remain in the house free from the threat of eviction, and the visitor has acted in reliance upon that belief in such a way that she would be prejudiced should the owner evict her, then the owner will not be allowed to renege on the reasonable expectation which he has induced.21 This principle of estoppel (i.e., stopping the landowner from enforcing his unfettered legal rights) can protect rights to share accommodation, as in Greasley v. Cooke.22 keywords: case; castle; court; home; house; joint; kind; law; licence; occupation; owner; property; rights; share cache: dlj-226.pdf plain text: dlj-226.txt item: #144 of 343 id: dlj-227 author: Robinson, Jonathan title: A New Framework for Education in Schools and the Link with Judicial Review date: 2012-11-12 words: 8112 flesch: 54 summary: Neill LJ, giving the judgment of the court, stated that the relevant 'pool' of free places certainly included GM schools. GM schools and LEAs will be 13. keywords: act; court; education; education act; ibid; law; lea; review; schools; secretary; section; state cache: dlj-227.pdf plain text: dlj-227.txt item: #145 of 343 id: dlj-229 author: Slynn of Hadley, Lord title: They Call It 'Teleological' date: 2012-11-12 words: 9548 flesch: 60 summary: The Court itself does not appear inclined to set limits to this development, but rather is consolidating theZwartveldline of case law. When the matter came before it, the European Court found that there was plainly a lacuna in the Community VAT legislation, which the Community legislature should in due time fill. keywords: article; case; community; court; european; interpretation; law; member; parliament; state; treaty cache: dlj-229.pdf plain text: dlj-229.txt item: #146 of 343 id: dlj-230 author: Admin, admin title: Editorial date: 2012-11-14 words: 246 flesch: 35 summary: We wish to record our thanks to Clifford Hall for his invaluable contribution over the lifetime of the Journal. The years in which Clifford Hall has been Editor have seen the Denning Law Journal develop from a close focus on the central themes of Lord Denning's life, work, philosophy and vision to embrace a broader compass of legal scholarship. keywords: law cache: dlj-230.pdf plain text: dlj-230.txt item: #147 of 343 id: dlj-231 author: Rodger of Earlsferry, the Right Hon Lord title: Rights o fAudience - A Scottish Perspective date: 2012-11-14 words: 6739 flesch: 60 summary: Solicitor advocates come from all over Scotland, but fifteen of the thirty-four with criminal rights come from the west of Scotland where many of the High Court trials take place, while seven of the eleven with civil rights are from Edinburgh where the Court of Session is based. You will appreciate that even at present the actual number of solicitor advocates is significant, being roughly 13% of the number of practising advocates. keywords: advocates; audience; bar; counsel; court; rights; scotland; scottish; solicitor cache: dlj-231.pdf plain text: dlj-231.txt item: #148 of 343 id: dlj-232 author: Burnside, Jonathan title: Pardoning and Mercy date: 2012-11-14 words: 4099 flesch: 65 summary: Alwynne Smart, Mercy, supra n.28, p.227. 18 PARDONING AND MERCY in which the practice of mercy by the State is irrational, but suggests that its application by the courts need not be arbitrary. This approach, 'class mercy', is similar to the way in which the prerogative of mercy has functioned historically in English law. keywords: forgiveness; individual; mercy; murphy; pardon; pardoning cache: dlj-232.pdf plain text: dlj-232.txt item: #149 of 343 id: dlj-234 author: Hanlon, James title: Factor tame: Does Britannia Still Rule the Waves? date: 2012-11-14 words: 3898 flesch: 67 summary: [1990] 3 C.M.L.R. 1+375. 61 THE DENNING LAW JOURNAL Even before the U.K. joined the E.C. it was well established that Community law was supreme when in conflict with national domestic law and that member states had abrogated a part of their sovereignty to the Community. apply Community law in its entirety . and must accordingly set aside any provision of national law which may conflict with it, whether prior or subsequent to the Community rule. keywords: act; case; community; court; e.c; law; rule cache: dlj-234.pdf plain text: dlj-234.txt item: #150 of 343 id: dlj-235 author: Miller, Gareth title: Reforming the Formal Requirements for the Execution of a Will date: 2012-11-14 words: 10011 flesch: 63 summary: Manitoba, Wills Act, s.23. Wills Act 1970. keywords: court; document; formalities; law; section; signature; testator; wills; witnesses cache: dlj-235.pdf plain text: dlj-235.txt item: #151 of 343 id: dlj-236 author: Moore, Victor title: Land Development and Community Benefits date: 2012-11-14 words: 3787 flesch: 42 summary: and Tesco Stores Ltd. were each granted planning permission by Plymouth City Council, the local planning authority for the City, for the erection of a superstore on the City's outskirts. Likewise, Tesco Stores Ltd. too, agreed to provide, following the grant of planning permission, a variety of benefits not directly related to the development for which the company had applied. keywords: authority; development; land; permission; planning; planning permission cache: dlj-236.pdf plain text: dlj-236.txt item: #152 of 343 id: dlj-237 author: Tunkel, Victor title: Industrial Espionage: What Can the Law Do? date: 2012-11-14 words: 5426 flesch: 59 summary: The need to protect a still wider range of business information is shown by the case of Stewart v. The Queen. 101 THE DENNING LAW JOURNAL information stealable would raise a further crop of problems in relation, for example, to what might constitute subsequent handling of such information by others, or to the retention and use of the information by ex-employees. keywords: act; case; criminal; espionage; europarks; information; kas; law; property; theft; use cache: dlj-237.pdf plain text: dlj-237.txt item: #153 of 343 id: dlj-238 author: Calcutt QC, Sir David title: Freedom of the Press: Freedom from the Press date: 2012-11-15 words: 6867 flesch: 54 summary: It was with regret that I had to reach these conclusions, and, having considered (and rejected) the possibility of modification, I recommended that the Government should put press regulation on the statutory basis detailed in the Report of the Privacy Committee. My recommendation that the Government should not put press regulation on a statutory basis raised, so Mr Brooke said, separate and more difficult issues which needed to be carefully weighed. keywords: commission; committee; freedom; government; press; privacy; regulation; statutory cache: dlj-238.pdf plain text: dlj-238.txt item: #154 of 343 id: dlj-239 author: Goode, Roy title: Occupational Pensions: Securing the Pension Promise date: 2012-11-15 words: 5776 flesch: 55 summary: It was at one time thought that the ratio of pensioners to active members cease to increase at the point where inflows matched outflows, so that in the graphic words of Joanne Livingstone, pension schemes might stay forever mature, but preserved from old age as middle-aged 'Peter Pans'. It was said, for example, that trust law, which is the foundation of pension schemes, was mediaeval and therefore inadequate, and that it had demonstrably failed in its purpose. keywords: assets; benefits; employer; fund; funding; liabilities; pension; promise; scheme cache: dlj-239.pdf plain text: dlj-239.txt item: #155 of 343 id: dlj-240 author: Baughen, Simon title: A Question of Causation: Knowing Assistance and the "Duty to Inquire" date: 2012-11-15 words: 3634 flesch: 63 summary: In AGIP Millett J. strongly rejected the idea that a dishonest defendant could raise the defence that any further inquiries it might have made would have failed to flush out the fraudster. It is very difficult to distinguish Baden 3 knowledge from Baden 5 knowledge and it is submitted that Millett J. was correct to state in AGIP that issues of causation should only be relevant to questions of constructive notice which have no place in the fraud based action of knowing assistance. keywords: assistance; defendant; dishonesty; duty; knowledge cache: dlj-240.pdf plain text: dlj-240.txt item: #156 of 343 id: dlj-241 author: Cretney, Stephen title: Intestacy Reforms - The Way Things Were, 1952 date: 2012-11-15 words: 10515 flesch: 58 summary: 36 INTESTACY REFORMS - THE WAY THINGS WERE, 1952 Chancellorl8 to favour the appointment of a Committee under Lord Morton of Henrytonl9 to investigate the issue. Lord Morton candidly told80 Coldstream that his Committee had never considered the point and that he did not want to do SO.81The Lord Chancellor82 came to agree that legislation should provide that the statutory presumption be nullified for the purposes of intestate succession;83 and the Lord Chancellor's Memorandum to the Home Affairs Committee was settled accordingly. keywords: act; bill; chancellor; committee; estates; family; intestacy; intestate; law; law commission; lord; morton; morton report; provision; report; spouse; surviving cache: dlj-241.pdf plain text: dlj-241.txt item: #157 of 343 id: dlj-242 author: Greenfield, S; Osborn, Guy title: The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Vision date: 2012-11-15 words: 4290 flesch: 66 summary: The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Vision* Steve Greenfield and Guy Osbomt Village cricket is the oldest team-sport to have survived and adapted, still just about recognisable despite rolled wickets, overarm bowling, whites, pads, and a host of complex rules, It is this sense of a continuous tradition, of ancient links, and English pastoral that tugs at the heart of so many devotees today, 1 The image of village cricket, the quintessential English game, conjures up images of peace, harmony and tranquillity. The threat to this is embodied in the notion of' 'the foreigner, the outsider, who has come to invade the sacred social text that is village cricket: The new, the foreign, the materialistic, all these nefarious elements threaten truth and community. keywords: club; cricket; cricket club; denning; lord; nuisance; plaintiffs; village cache: dlj-242.pdf plain text: dlj-242.txt item: #158 of 343 id: dlj-243 author: Harling, Russell title: Time-Charter Stowage Clauses in a Bill of Lading Contract date: 2012-11-15 words: 2899 flesch: 64 summary: In The Coral the Court of Appeal considered the mechanics and the effect of incorporating clauses 2 and 8 of the New York Produce Exchange [NYPE] form into a bill of lading contract. For this reason they held that the proper construction of the bill of lading contract ought not to have been determined on summary judgment. keywords: bill; contract; court; lading; stowage cache: dlj-243.pdf plain text: dlj-243.txt item: #159 of 343 id: dlj-244 author: Jaffey, Peter title: Restraining the Exercise of Corporate Statutory Powers date: 2012-11-15 words: 15658 flesch: 48 summary: The same principles apply to fiduciaries (including company directors) taking decisions in the interests of other people. Secondly, Scott J. relied on the assumption that the statutory power of alteration is mandatory, and so could not be limited except by statutory provision. keywords: agreement; alteration; articles; company; contract; directors; exercise; law; note; power; provision; rights; shareholders cache: dlj-244.pdf plain text: dlj-244.txt item: #160 of 343 id: dlj-245 author: McCormack, Gerard title: Conditional Payments and Insolvency - The Quistclose Trust date: 2012-11-15 words: 12937 flesch: 65 summary: 19 As one judge writing extra-curially put the matter: It does not prevent a trustee from paying trust money, which ex hypothesis does not belong to the company, to the persons beneficially entitled thereto. Peter Millett Q.C., as he then was, has argued vehemently that Quistclose does not necessitate the recognition of a new genus of enforceable purpose trust which a settlor may enforce.92 In his opinion the question of enforceability involves an examination of the payer's intention, which is to be gleaned from the conduct of the parties, the language used and the circumstances of the case. keywords: bank; case; company; court; creditors; insolvency; intention; interest; law; ltd; money; payment; purpose; quistclose; quistclose trust; supra; trust cache: dlj-245.pdf plain text: dlj-245.txt item: #161 of 343 id: dlj-246 author: McMurtrie, Sheena title: The Reviewability of the Parliamentary Commissioner date: 2012-11-15 words: 4021 flesch: 62 summary: In R. v. Parliamentary Commissioner for Administration, ex parte Lithgow and another,22 the applicant sought leave for judicial review of the PCA's refusal to investigate his complaint about the payment of compensation under the Aircraft and Shipbuilding Industries Act 1977. The Select Committee could find its attempts to force a recalcitrant department to provide a remedy might be hindered by the department seeking judicial review of the PCA's decision. 39. keywords: act; commissioner; committee; decision; parliamentary; pca; review cache: dlj-246.pdf plain text: dlj-246.txt item: #162 of 343 id: dlj-247 author: Goldberg, Gordon title: In Memoriam date: 2012-11-16 words: 6867 flesch: 54 summary: It was with regret that I had to reach these conclusions, and, having considered (and rejected) the possibility of modification, I recommended that the Government should put press regulation on the statutory basis detailed in the Report of the Privacy Committee. My recommendation that the Government should not put press regulation on a statutory basis raised, so Mr Brooke said, separate and more difficult issues which needed to be carefully weighed. keywords: commission; committee; freedom; government; press; privacy; regulation; statutory cache: dlj-247.pdf plain text: dlj-247.txt item: #163 of 343 id: dlj-248 author: Ackner, Lord title: The Genius of the Common Law date: 2012-11-16 words: 5776 flesch: 55 summary: It was at one time thought that the ratio of pensioners to active members cease to increase at the point where inflows matched outflows, so that in the graphic words of Joanne Livingstone, pension schemes might stay forever mature, but preserved from old age as middle-aged 'Peter Pans'. It was said, for example, that trust law, which is the foundation of pension schemes, was mediaeval and therefore inadequate, and that it had demonstrably failed in its purpose. keywords: assets; benefits; employer; fund; funding; liabilities; pension; promise; scheme cache: dlj-248.pdf plain text: dlj-248.txt item: #164 of 343 id: dlj-249 author: of Weedon QC, Lord Alexander title: Training Lawyers - Healers or Hired Guns? date: 2012-11-16 words: 3634 flesch: 63 summary: In AGIP Millett J. strongly rejected the idea that a dishonest defendant could raise the defence that any further inquiries it might have made would have failed to flush out the fraudster. It is very difficult to distinguish Baden 3 knowledge from Baden 5 knowledge and it is submitted that Millett J. was correct to state in AGIP that issues of causation should only be relevant to questions of constructive notice which have no place in the fraud based action of knowing assistance. keywords: assistance; defendant; dishonesty; duty; knowledge cache: dlj-249.pdf plain text: dlj-249.txt item: #165 of 343 id: dlj-250 author: Odeke, Ademuni title: The Judicial Approach to Injunctions in Letters of Credit and Performance Bond Transactions: The Fraud Exception Re-examined. date: 2012-11-16 words: 10515 flesch: 58 summary: 36 INTESTACY REFORMS - THE WAY THINGS WERE, 1952 Chancellorl8 to favour the appointment of a Committee under Lord Morton of Henrytonl9 to investigate the issue. Lord Morton candidly told80 Coldstream that his Committee had never considered the point and that he did not want to do SO.81The Lord Chancellor82 came to agree that legislation should provide that the statutory presumption be nullified for the purposes of intestate succession;83 and the Lord Chancellor's Memorandum to the Home Affairs Committee was settled accordingly. keywords: act; bill; chancellor; committee; estates; family; intestacy; intestate; law; law commission; lord; morton; morton report; provision; report; spouse; surviving cache: dlj-250.pdf plain text: dlj-250.txt item: #166 of 343 id: dlj-251 author: Bradshaw, David title: Fair Dealing as a Defence to Copyright Infringement in UK Law: An Historical Excursion from 1802to the Clockwork Orange Case 1993 date: 2012-11-16 words: 4290 flesch: 66 summary: The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Vision* Steve Greenfield and Guy Osbomt Village cricket is the oldest team-sport to have survived and adapted, still just about recognisable despite rolled wickets, overarm bowling, whites, pads, and a host of complex rules, It is this sense of a continuous tradition, of ancient links, and English pastoral that tugs at the heart of so many devotees today, 1 The image of village cricket, the quintessential English game, conjures up images of peace, harmony and tranquillity. The threat to this is embodied in the notion of' 'the foreigner, the outsider, who has come to invade the sacred social text that is village cricket: The new, the foreign, the materialistic, all these nefarious elements threaten truth and community. keywords: club; cricket; cricket club; denning; lord; nuisance; plaintiffs; village cache: dlj-251.pdf plain text: dlj-251.txt item: #167 of 343 id: dlj-252 author: Colston, Catherine title: Fair Dealing: What is Fair? date: 2012-11-16 words: 2899 flesch: 64 summary: In The Coral the Court of Appeal considered the mechanics and the effect of incorporating clauses 2 and 8 of the New York Produce Exchange [NYPE] form into a bill of lading contract. For this reason they held that the proper construction of the bill of lading contract ought not to have been determined on summary judgment. keywords: bill; contract; court; lading; stowage cache: dlj-252.pdf plain text: dlj-252.txt item: #168 of 343 id: dlj-253 author: Hough, Barry title: Controls on the Development of Markets in Public and Private Law date: 2012-11-16 words: 15658 flesch: 48 summary: The same principles apply to fiduciaries (including company directors) taking decisions in the interests of other people. Secondly, Scott J. relied on the assumption that the statutory power of alteration is mandatory, and so could not be limited except by statutory provision. keywords: agreement; alteration; articles; company; contract; directors; exercise; law; note; power; provision; rights; shareholders cache: dlj-253.pdf plain text: dlj-253.txt item: #169 of 343 id: dlj-254 author: Pawlowski, Mark title: BENEFICIAL OWNERSHIP - ESTOPPEL, UNJUST ENRICHMENT OR UNCONSCIONABILITY? A Comparative Study date: 2012-11-16 words: 12937 flesch: 65 summary: 19 As one judge writing extra-curially put the matter: It does not prevent a trustee from paying trust money, which ex hypothesis does not belong to the company, to the persons beneficially entitled thereto. Peter Millett Q.C., as he then was, has argued vehemently that Quistclose does not necessitate the recognition of a new genus of enforceable purpose trust which a settlor may enforce.92 In his opinion the question of enforceability involves an examination of the payer's intention, which is to be gleaned from the conduct of the parties, the language used and the circumstances of the case. keywords: bank; case; company; court; creditors; insolvency; intention; interest; law; ltd; money; payment; purpose; quistclose; quistclose trust; supra; trust cache: dlj-254.pdf plain text: dlj-254.txt item: #170 of 343 id: dlj-255 author: Reeder, John; Kinley, Geoffrey title: When the Equities Are Equal, It Is A Photofinish date: 2012-11-16 words: 4021 flesch: 62 summary: In R. v. Parliamentary Commissioner for Administration, ex parte Lithgow and another,22 the applicant sought leave for judicial review of the PCA's refusal to investigate his complaint about the payment of compensation under the Aircraft and Shipbuilding Industries Act 1977. The Select Committee could find its attempts to force a recalcitrant department to provide a remedy might be hindered by the department seeking judicial review of the PCA's decision. 39. keywords: act; commissioner; committee; decision; parliamentary; pca; review cache: dlj-255.pdf plain text: dlj-255.txt item: #171 of 343 id: dlj-256 author: Durand, Andrew title: MORE LAW - LESS ORDERLINESS date: 2012-11-16 words: 9632 flesch: 56 summary: Report on Compliance with Community law by praising Luxembourg, commenting that: Luxembourg makes a great effort to see that Community directives are properly transposed, regularly taking them over word for word so that divergences from Community law are rare.16 It further pointed out that in Luxembourg the Enforcement officers were the same as those who drafted the State regulations. The State's power to implement Community directives does not derive from the treaties. keywords: case; community; court; directive; european; european court; kingdom; law; legislation; principle; state; treaty; union; united cache: dlj-256.pdf plain text: dlj-256.txt item: #172 of 343 id: dlj-258 author: Edwards, R A title: BONHAM'S CASE: THE GHOST IN THE CONSTITUTIONAL MACHINE date: 2012-11-16 words: 10470 flesch: 61 summary: 62 Clearly there is a danger that the judicial advocacy of common law rights could lead to subjectivism and uncertainty. As with the attempt to remove the separation of powers in the Anisminic Case, Parliament in abrogating common law rights and freedoms is illegitimately attempting to assume the power of detrimentally moulding the constitutional landscape. keywords: act; bonham; case; constitution; courts; democracy; dicey; freedoms; law; legislation; lord; parliament; power; principle; rights; rule; sovereignty; supremacy cache: dlj-258.pdf plain text: dlj-258.txt item: #173 of 343 id: dlj-259 author: Phang, Andrew title: ON THE LIABILITY OF TRAVEL AGENTS: CONSTRUCTION, IMPLIED TERMS AND VICARIOUS PERFORMANCE date: 2012-11-16 words: 3847 flesch: 58 summary: It is, however, further suggested that insurance cover might not be, in the final analysis, in the consumer's favour because the security of insurance coverage would not encourage travel agents to attempt their level best to source out other travel agents in the country of performance with the best credentials, and not, as is conceivably the case, merely the ones with the cheapest rates. ON THE LIABILITY OF TRAVEL AGENTS: CONSTRUCTION, IMPLIED TERMS AND VICARIOUS PERFORMANCE Andrew Phung * INTRODUCTION AND FACTS keywords: board; case; contract; defendant; liability; tour; travel cache: dlj-259.pdf plain text: dlj-259.txt item: #174 of 343 id: dlj-260 author: Welstead, Mary title: CHIDLDREN'S RIGHTS OR PARENTAL PROPERTY date: 2012-11-16 words: 6917 flesch: 56 summary: A particularly apt illustration of this approach may be found in decisions relating to children where the term in the best interests of the child dominates the linguistic arena. [1993] I F.L.R. 574. 101 THE DENNING LAW JOURNAL in Articles 3 and 12 of the United Nations Convention on the Rights of the Child, to which the United Kingdom is a signatOly.4 Few would disagree about the importance of putting a child's best interests first but what those best interests are, may be difficult to discern in any particular instance. keywords: appellant; child; children; court; decision; interests; parents; rights; welfare cache: dlj-260.pdf plain text: dlj-260.txt item: #175 of 343 id: dlj-261 author: Woolf, the Right Hon the Lord title: BRINGING HOME THE EUROPEAN CONVENTION ON HUMAN RIGHTS date: 2012-11-16 words: 1437 flesch: 59 summary: The Human Rights Bill, which will incorporate the Convention, is currently progressing through Parliament. The Convention rights will be available against public bodies only, and not against private bodies or individuals. keywords: convention; law; rights cache: dlj-261.pdf plain text: dlj-261.txt item: #176 of 343 id: dlj-262 author: Lucie, Patricia title: JUSTICE WILLIAM BRENNAN JR: "CONSTITUTIONAL VISIONS TAKE FIVE VOTES" date: 2012-11-16 words: 5423 flesch: 57 summary: His colleague, Justice Harry Blackmun provides many more examples in A Tribute to Mr.Justice Brennan 26 Harv.CR.-CL.L.Rev.1 (1991). How much of these, how far, and in the face of what competing interests is of course the stuff of conflict and Justice Brennan was sometimes on the winning side of hard fought decisions and sometimes left to • Director, William J.Brennan Project, the University of Glasgow. 1 Quoted in William J.Brennan, Law and Social Sciences Today The Gaston Lecture, Georgetown University, 25th. keywords: brennan; constitution; court; justice; justice brennan; law; new; opinions; rights; state; u.s; william cache: dlj-262.pdf plain text: dlj-262.txt item: #177 of 343 id: dlj-263 author: Oury, James title: SHALL THE AMERICAN DREAM SUFFER DEATH? date: 2012-11-16 words: 7370 flesch: 57 summary: The incredible stress, pain and suffering already endured by Mr. Bannister, his wife, family and friends as a result of a lengthy period facing a sentence of death is heightened to unimaginable levels with the inclusion of the events pertaining to the scheduled execution dates, the knowledge of 22 previously executed prison inmates and the inhuman prison living conditions Mr. Bannister endured for a significant portion of his incarceration on death row. '>63 Mr. Bannister, through his extensive participation in correspondence with individuals around the world, in books and films, 64 and as a subject of local and national television and newspaper news, has sought to educate the public of his bitter repentance and remorse for his actions and of his continued parameterless suffering whilst on death row. keywords: article; attorney; bannister; court; death; delay; execution; law; punishment; sentence; states; united; years cache: dlj-263.pdf plain text: dlj-263.txt item: #178 of 343 id: dlj-264 author: Lowrie, Sarah; Todd, Paul title: IN DEFENCE OF THE NORTH AMERICAN ROLLING CHARGE date: 2012-11-16 words: 8266 flesch: 61 summary: In a case such as Barlow Clowes, for example, a pari passu distribution would have produced a more favourable outcome than the North American Rolling Charge for the early investors. Clearly, it would have been impossible to apply either Clayton's case or the North American Rolling Charge, given this paucity of evidence. keywords: account; american; american rolling; case; charge; north; north american; rolling; rolling charge cache: dlj-264.pdf plain text: dlj-264.txt item: #179 of 343 id: dlj-265 author: Sigal, Z; Rehany, A S title: THE PROMISED CONSTITUTION OF THE PROMISED LAND:THE ISRAELI CONSTITUTIONAL EXPERIENCE date: 2012-11-16 words: 4865 flesch: 57 summary: The first Basic Law to be passed was Basic Law: The Knesset 20 in 1958.21 The period of eight years between the Harrari Resolution and the passing of Basic Law: The Knesset, created a constitutional vacuum. Thirdly, due to the results of the Bergman case the government had approved the drafts of two Basic Laws which, if enacted, would formally make all Basic Laws superior to all other legislation.36 These Basic Laws are: Basic Law: Legislation 37 and Basic Law: The Courts. keywords: constitution; israel; knesset; law; laws; rights; state cache: dlj-265.pdf plain text: dlj-265.txt item: #180 of 343 id: dlj-266 author: Edwards, Susan title: BATTERED WOMEN - IN FEAR OF LUC'S SHADOW date: 2012-11-16 words: 10527 flesch: 53 summary: This modification is critical to the future inclusion of battered woman evidence in cases where that evidence may be said not to constitute a mental illness but a personality disorder. '~6 In pleas of diminished responsibility and duress where women have attempted to rely on battered woman experience to explain their state of mind, the prosecution submit that battered women's evidence is not expert knowledge and thereby ensure its exclusion. keywords: characteristic; control; defence; defendant; evidence; experience; ibid; justice; knowledge; law; lord; provocation; responsibility; self; syndrome; woman cache: dlj-266.pdf plain text: dlj-266.txt item: #181 of 343 id: dlj-267 author: Stratton, I G C title: RESTRAINT OF TRADE DURING AND ON THE TERMINATION OF A CONTRACT OF EMPLOYMENT date: 2012-11-16 words: 9284 flesch: 56 summary: Accordingly such covenants must be reasonable in the interests of both the public and the parties concemed.6 The reasons for restraint covenants on the first ground of public interest, both during and after employment, arise as they are anti-competitive; restrict the mobility of labour; and militate against full employment all, of which are fully justifiable from both an economic and social point of view. See also Paul Goulding Injunctions and Contracts of Employment: the Evening Standard Doctrine (1990) 191.L.J. 98. 108 RESTRAINT OF TRADE The concept of interest, when applied to restraint covenants, falls under two main headings, which apply not only to employment contracts, but also other contractual circumstances such as a restraint covenant imposed on the vendor of a business; a retiring partner; or a former shareholder under a joint venture agreement. keywords: business; clause; contract; court; covenant; employer; employment; interest; leave; ltd; notice; period; restraint; restraint covenant; trade cache: dlj-267.pdf plain text: dlj-267.txt item: #182 of 343 id: dlj-268 author: Admin, admin title: The University of Buckingham and Law School date: 2012-11-16 words: 736 flesch: 47 summary: Whilst students from the British Isles represent the largest single group, the University attracts students from allover the globe, with up to eighty nationalities being represented at anyone time. The University aims to meet the individual needs of students by placing strong emphasis on both educational quality and research achievements. keywords: buckingham; university cache: dlj-268.pdf plain text: dlj-268.txt item: #183 of 343 id: dlj-269 author: Beloff QC, Michael J title: SCHOLARS, STUDENTS AND SANCTIONS - DISMISSAL AND DISCIPLINE IN THE MODERN UNIVERSITY" date: 2012-11-16 words: 10215 flesch: 56 summary: I cannot accept the suggestion that if in the course of a tribunal hearing a question arises concerning the interpretation of university statutes etc., the case should be adjourned pending a decision by the visitor. (2) Where the conduct involved other university members but was off campus (e.g. attempted rape of another student at her home) they found a prima facie case for action. keywords: academic; appeal; case; college; court; decision; education; ibid; jurisdiction; law; statutes; student; university; visitor cache: dlj-269.pdf plain text: dlj-269.txt item: #184 of 343 id: dlj-270 author: Buckley, Michael title: REMEDIES, REDRESS AND "CALLING TO ACCOUNT": SOME MYTHS ABOUT THE PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION date: 2012-11-16 words: 6576 flesch: 49 summary: It proposed only to set up a new office of Parliamentary Commissioner with the right to investigate the grievance of the citizen and report to a select committee of the House. The original conception had been that if the Member who referred the complaint to the Commissioner could not secure redress for the complainant it would become a matter for the House of Commons as a whole, acting through a Select Committee. keywords: account; act; commissioner; committee; ombudsman; p.c.a; parliament; redress; report cache: dlj-270.pdf plain text: dlj-270.txt item: #185 of 343 id: dlj-271 author: Cranmer, Frank title: JUDICIAL REVIEW AND CHURCH COURTS IN THE LAW OF SCOTLAND date: 2012-11-16 words: 6572 flesch: 54 summary: However, there has been one area in which the position of Church courts of all denominations was not entirely clear: that of judicial review. It is also possible that questions might be raised as to whether Church courts present a sufficient appearance of independence and impartiality. keywords: act; church; church courts; court; kirk; law; lord; review; scotland; session cache: dlj-271.pdf plain text: dlj-271.txt item: #186 of 343 id: dlj-272 author: Brown, Liz title: A FRAMEWORK FOR DISPUTE RESOLUTION - THE INDUSTRY OMBUDSMEN IN NEW ZEALAND date: 2012-11-16 words: 6806 flesch: 47 summary: Most commonly, the Banking Ombudsman consults with the banking industry by way of an industry survey on specific points of practice. It seems likely that we are seeing a generation of bank customers who are not familiar with the use of cheques and who need more information than their predecessors about such matters as clearance times or crossings and endorsements. keywords: banking ombudsman; banking practice; banks; case; code; complaint; law; loan; practice cache: dlj-272.pdf plain text: dlj-272.txt item: #187 of 343 id: dlj-273 author: Elias, Olufemi title: ABOUT A "PROPER LAW OF A (RESTITUTIONARY) REMEDY" date: 2012-11-16 words: 10813 flesch: 48 summary: [1971] 3 All E.R.; see also L. Collins Essays in International Litigation and the Conflict of Laws (Oxford: Clarendon Press, 1994), Chapters IX (Interaction between Contract and Tort in the Conflict of Laws) and X (Exemption Causes, Employment Contracts and the Conflict of Laws), especially between pp. 397-402 where he discusses Sayers. 88 PROPER LAW OF A (RESTITUTIONAR Y) REMEDY? Appeal stage of Chaplin v Boysl4, he applied an issue-specific IS proper law of a tort, only to be over-ruled on appeal to the House of Lords 16. Nor were the full practical, as well as the theoretical, consequences of deploying the phrase proper law of restitutionary remedy as such considered in the present case, As far as the present writer is aware it has not been used at all elsewhere66. keywords: action; case; contract; english; enrichment; forum; forum law; issue; law; laws; lex; obligation; remedies; remedy; restitution cache: dlj-273.pdf plain text: dlj-273.txt item: #188 of 343 id: dlj-274 author: Syrett, Keith title: PREROGATIVE POWERS: NEW LABOUR'S FORGOTTEN CONSTITUTIONAL REFORM? date: 2012-11-16 words: 7714 flesch: 45 summary: Yet, while the new government ostensibly seeks to renew our politics and criticises the retention of traditions well after they have outlived any useful purpose,4 its ministers continue to conduct important affairs of state by means of prerogative powers derived from those possessed by tile monarchy prior to tile constitutional settlement of 1688. Prerogative powers and the Blairite constitution The programme of constitutional reform launched by the Labour government has attracted some criticism from those who, while in sympathy with the changes Lecturer. keywords: authority; constitutional; courts; executive; government; labour; law; para; parliament; parliamentary; powers; prerogative; public; reform; review; supra cache: dlj-274.pdf plain text: dlj-274.txt item: #189 of 343 id: dlj-275 author: Atiyah, P S title: LORD DENNING'S CONTRIBUTION TO CONTRACT LAW date: 2012-11-20 words: 5179 flesch: 61 summary: In this area Lord Denning had, I think, two basic principles which he followed pretty consistently, and which would be largely applauded both by the general public and by most lawyers too. Let me quote from Lord Devlin's Foreword to the book on Lord Denning: When Tom and I were young the law was stagnant. keywords: appeal; case; contract; denning; house; law; lord; lord denning cache: dlj-275.pdf plain text: dlj-275.txt item: #190 of 343 id: dlj-276 author: Sealy, Len title: COMMERCIAL LAW AND COMPANY LAW date: 2012-11-20 words: 5760 flesch: 56 summary: In each case the court, headed by Lord Denning, ruled that its discretionary jurisdiction was wide enough to empower it to do so, and granted the injunction. In the British Movietonews case Lord Denning, soon after his elevation to the Court of 23 [1983] Q.B. 284 at 297. 24 See generally Discipline at pp.270-276. 25 Liverpool City Council v. Irwin [1976] 1 Q.B. 319: see Discipline at pp.37-40. keywords: a.c; case; commercial; company; court; denning; house; law; lord; lord denning; ltd; q.b; time cache: dlj-276.pdf plain text: dlj-276.txt item: #191 of 343 id: dlj-277 author: Stevens, John title: EQUITY'S MANHATTAN PROJECT: THE CREATION AND EVOLUTION OF THE MAREVA INJUNCTION date: 2012-11-20 words: 6368 flesch: 55 summary: [1983] 1 W.L.R. 1412; CBS United Kingdom Ltd. v. Lambert supra n.7. 31 DENNING LAW JOURNAL were held outside of the jurisdiction.44 In Derby & Co. Ltd. v. Weldon (No.s 3 & 4/5 the Court of Appeal concluded that the court possessed the jurisdiction to grant Mareva injunctions against foreign companies46 with no assets in the United Kingdom. This extension in the potential scope of Mareva injunction was possible because the order operates in personam and not against the assets keywords: assets; court; defendant; denning; grant; injunction; jurisdiction; law; lord; mareva; mareva injunction; mareva jurisdiction; supra cache: dlj-277.pdf plain text: dlj-277.txt item: #192 of 343 id: dlj-278 author: Tenterborn, Andrew title: REMEDIES: A NEGLECTED CONTRIBUTION date: 2012-11-20 words: 7125 flesch: 60 summary: 3.1, at pp.708 et seq., sum up the position nicely. 41 DENMNG LAW JOURNAL sown, however wholesome and potentially fertile, have often fallen on stony judicial ground (how often is a law student told there was once a contrary suggestion by Lord Denning, but this is now clearly discountenanced?). The general effect of that case was to make such injunctions a good deal easier to get - too easy, according to some,17 and it soon became clear that their trepidation was shared by Lord Denning. keywords: appeal; case; court; damages; decision; denning; e.r; example; house; injunction; law; lord; lord denning; remedies cache: dlj-278.pdf plain text: dlj-278.txt item: #193 of 343 id: dlj-279 author: Forsythe, Christopher title: LORD DENNING AND MODERN ADMINISTRATIVE LAW date: 2012-11-20 words: 6007 flesch: 60 summary: Indeed, a major part of this paper could be taken up simply by listing the areas in which judgments by Lord Denning remain vital to a proper understanding of administrative law? ,,34 Is it the case that Lord Denning prevented the creation of a modem system of administrative law by the inconsistency of his decisions? keywords: administrative; blackburn; decision; denning; law; lord; lord denning; parte; review cache: dlj-279.pdf plain text: dlj-279.txt item: #194 of 343 id: dlj-280 author: Oliver, Dawn title: LORD DENNING & THE PUBLIC /PRIVATE DIVIDE date: 2012-11-20 words: 4143 flesch: 65 summary: Read alongside the decision in 0 Reilly v. Mackman the implication of Breen is that, even though it is necessary to proceed by way of application for judicial review in public law cases - where what is being challenged is, broadly, the exercise of a public or governmental function - the same or similar duties of fairness and rationality may arise in private law. that Lord Denning contributed to public law. keywords: courts; decision; denning; law; lord; power; trade cache: dlj-280.pdf plain text: dlj-280.txt item: #195 of 343 id: dlj-281 author: Bainham, Andrew title: LORD DENNING AS A CHAMPION OF CHILDREN'S RIGHTS: THE LEGACY OF HEWERv. BRYANT date: 2012-11-20 words: 4797 flesch: 57 summary: 81 DENNING LAW JOURNAL argued that Lord Denning's famous dictum in Hewer v. Bryant, set out above, was the real foundation for this part of the majority decision in Gillick and, in that sense, has contributed as much, if not more, to the development of English law's approach to the legal relationship of parent and child. Neither the former Conservative government nor the present Labour administration seem to have done at all well in comprehending what Lord Denning took to be self-evident thirty years ago - that as the independence of children gradually takes hold, so parental control 'dwindles. keywords: bryant; child; children; denning; hewer; law; lord cache: dlj-281.pdf plain text: dlj-281.txt item: #196 of 343 id: dlj-282 author: Freeman, M D A title: FAMILY JUSTICE AND FAMILY VALUES ACCORDING TO LORD DENNING date: 2012-11-20 words: 8278 flesch: 73 summary: Anyone who reads The Due Process of Law will be left in no doubt that Lord Denning himself thinks his most substantial venture into family law have been in connection with the matrimonial home. Without Lord Denning family law would have been more rigid and less sensitive; more oriented to rights than to needs and welfare and the interests ofthe weak. keywords: case; court; denning; divorce; e.r; family; home; husband; justice; law; lord; lord denning; supra; w.l.r; wife cache: dlj-282.pdf plain text: dlj-282.txt item: #197 of 343 id: dlj-283 author: Welstead, Mary title: THE DESERTED BANK AND THE SPOUSAL EQUITY date: 2012-11-20 words: 6095 flesch: 55 summary: See also Thompson, [1996] 154 Conv. 685. 113 DENNING LAW JOURNAL in National Provincial Bank v. Hastings Car Mart, has been viewed as an accurate assessment of much judicial thinking in this area of law.4 Certain key decisions between 1970 and 1995 permit a cogent analysis of the means by which the courts have attempted to develop equitable principles relating to the resolution of claims to beneficial interests in family homes. Waite L.J. acknowledged: the difftculties which these cases pose for the honest recollections of witnesses and the barrenness of the terrain in which judges and district judges who try them are required to search for the small evidential nuggets on which issues as to the existence -or the ~roportions- of beneficial interest are liable to depend. keywords: agreement; bank; family; home; interest; law; lord; property; share cache: dlj-283.pdf plain text: dlj-283.txt item: #198 of 343 id: dlj-284 author: Kirby CMG, Michael J title: LORD DENNING AND JUDICIAL ACTIVISM date: 2012-11-20 words: 8302 flesch: 62 summary: He would have said that it put him in the ranks of great common law judges of the past such as Lord Mansfield in England, John Marshall in the United States and Justices Isaacs, Evatt and Murphy in Australia.74 For Denning, creativity was part of the genius of the common law. True also, some of his ventures into judicial law reform were disapproved of by the commentators.69 Occasionally they were slapped down by the House of Lords, as happened in Rookes v. Barnard.70 keywords: appeal; australia; court; decisions; denning; denning law; high; ibid; judges; judiciary; justice; law; lord; lord denning; new; states; united cache: dlj-284.pdf plain text: dlj-284.txt item: #199 of 343 id: dlj-285 author: Nolan, the Right Hon the Lord title: THE ROLE OF THE JUDGE IN JUDICIAL INQUIRIES date: 2012-11-20 words: 5268 flesch: 62 summary: By performing our roles in these inquiries both Lord Denning and I were taking our places in a long and continuing line of judges of all ranks who have been asked by the Government of the day to examine and report upon disputed issues, and our work needs to be seen in that context. Invariably they attract publicity to an extent with which judges are not normally familiar. keywords: committee; denning; government; inquiry; judge; law; lord; public; report; tom cache: dlj-285.pdf plain text: dlj-285.txt item: #200 of 343 id: dlj-286 author: Phang, Andrew title: THE NATURAL LAW FOUNDATIONS OF LORD DENNING'S THOUGHT AND WORK date: 2012-11-20 words: 8833 flesch: 59 summary: More importantly, perhaps, he points out (in the same message) to the more fundamental teaching of our Lord:,,22 the Gospel of Love,',23 i.e., that one is to love God fIrst and then our neighbour as ourselves?4 Although [t]his is a precept of religion, not of morals nor of law,,,25 15 See Denning, supra n.9 (part of this passage is handwritten). '.93 85 See Denning, The Changing Law, supra n.8 at p.3. keywords: approach; author; christian; contract; denning; denning law; doctrine; god; ibid; justice; law; lord; lord denning; ltd; press; religion; supra; work cache: dlj-286.pdf plain text: dlj-286.txt item: #201 of 343 id: dlj-287 author: James, P S title: HER MAJESTY'S JUDGE date: 2012-11-20 words: 3671 flesch: 68 summary: Perhaps it might have been the scholarl3 in the young Tom Denning that first inspired him by suggesting that it is neither reasons nor rules nor yet the ruling that follow them but only the million dollar question of what the judge will dOl4 about that ruling that really matters. Turning from levity to the core and essence of Lord Denning's lifework, one does not know, though may suspect, that like many of his contemporaries the young Tom Denning would have been reared upon Sir Richard Burton's inspiring lines: Do as thy manhood bids thee I From none but self expect keywords: case; denning; judge; justice; law; lord; principle; rules cache: dlj-287.pdf plain text: dlj-287.txt item: #202 of 343 id: dlj-288 author: Bingham, the Rt Hon Lord Justice title: ADDRESS AT THE SERVICE OF THANKSGIVING FOR THE RT. HON. LORD DENNING, O.M date: 2012-11-21 words: 2309 flesch: 69 summary: When Tom and I were young, wrote Lord Devlin, the law was stagnant. The secret of his attraction to the legal profession and to the general public was, as Lord Devlin suggested, the belief that he opened the door to the law above the law. keywords: denning; freedom; judge; law; lord; years cache: dlj-288.pdf plain text: dlj-288.txt item: #203 of 343 id: dlj-290 author: Desmond, Helen title: FIXED-TERM CONTRACTS-REGULATING "ATYPICAL" WORKING date: 2012-11-21 words: 9695 flesch: 52 summary: Section 18(1)-(5) of the 1999 Act was brought into force on 25th October, 1999 for dismissals where the effective date oftermination 65 See case note on the Court of Appeal decision in B.B.C. v. Kelly-Phillips - R White, Waiver of statutory rights in fixed term contract (1998) 27 I.L.J. 238 at p.241. It is not permissible to aggregate successive fixed terms so as to amount to one year or more. keywords: agreement; contract; denning; dismissal; employment; redundancy; section; term; term contract; waiver; work; year cache: dlj-290.pdf plain text: dlj-290.txt item: #204 of 343 id: dlj-291 author: McCauliff, C M A title: A THEME OF FAIRNESS REVISITED: LORD MANSFIELD'S LEGACY FOR A HOLISTIC THEORY OF CONTRACT TODAY date: 2012-11-21 words: 11640 flesch: 53 summary: While promissory estoppel is the obvious theory excluded during the 19th century, the echo of equity in Lord Mansfield's enforcement of moral consideration, which the 19th century also rejected, bears re-examination in the journey from James Baird Co. v. Gimbel Bros. 2 and Drennan v. Star Paving Co., 3 the leading American cases in the area, to Loranger. saw moral consideration as the imposition of private concerns on the law. keywords: consideration; contract; contract law; court; denning; doctrine; equity; estoppel; general; high; justice; law; legacy; lord; lord mansfield; mansfield; promise; promissory; supra; trees cache: dlj-291.pdf plain text: dlj-291.txt item: #205 of 343 id: dlj-292 author: Majid, Amir A title: ANACHRONISTIC JUDICIAL APPROACHES TO DISABILITY BENEFITS LAW date: 2012-11-21 words: 8563 flesch: 51 summary: First, they have not modified their approaches, often to the serious detriment of disabled claimants, in line with the substantially more generous provision of disability benefits. [D.L.A.] - less serious mobility and care needs were recognised for which disabled persons could not claim any cash benefits before. keywords: appeal; attention; benefits; bodily; case; disability; fairey; functions; law; lord; needs; person; social cache: dlj-292.pdf plain text: dlj-292.txt item: #206 of 343 id: dlj-293 author: Panesar, Sukhninder title: THEORIES OF PRIVATE PROPERTY IN MODERN PROPERTY LAW date: 2012-11-21 words: 11073 flesch: 56 summary: I 0 The article attempts to show that, both original acquisition theories of private property, and those theories of private property which examine the broader question of the goals secured by a regime of private property rights, continue to be reflected in modem property law. 118 THEORIES OF PRIVATE PROPERTY more and more parceled into private property. keywords: labour; law; locke; occupation; ownership; possession; property; property law; property rights; question; resources; rights; theories; theory cache: dlj-293.pdf plain text: dlj-293.txt item: #207 of 343 id: dlj-294 author: Parsons, Simon title: PROVOCATION: TO BE OR NOT TO BE AN ATTRIBUTED CHARACTERISTIC date: 2012-11-21 words: 5646 flesch: 57 summary: In effect the standard of self control required of those who suffer from mental illness is lowered below that required of capable defendants. But the decision goes further than this as fear or despair are accepted as emotions that can underlie the loss of self control and it is battered women who experience these emotions when they kill their abusive partners. keywords: characteristics; control; defendant; jury; law; objective; provocation; self cache: dlj-294.pdf plain text: dlj-294.txt item: #208 of 343 id: dlj-295 author: Beloff QC, Michael J title: NEITHERCLOISTERED NOR VIRTUOUS? JUDGES AND THEIR INDEPENDENCE IN THE NEW MILLENNIUM date: 2012-11-21 words: 9045 flesch: 57 summary: AC. 322 at 335. 153 THE DENNING LAW JOURNAL I wish to suggest that contemporary criticism by others than myself of judges would stretch even the tolerance of Lord Atkin. Judges share with other lawyers the unpopularity which inevitably stems from involvement in other peoples disputes; if there were no disputes, there would be no need for judges; and the exercise of dispute resolution, touches the lives of citizens on a micro, if not a macro basis, more intimately than the activities of other organs of government. keywords: atkin; case; chancellor; court; denning; government; independence; judges; judiciary; justice; law; lecture; lord; lord chancellor; pinochet; public; role; times; view cache: dlj-295.pdf plain text: dlj-295.txt item: #209 of 343 id: dlj-296 author: Kirby CMG, Michael J title: LEGAL PROTECTION OF SAME-SEX RELATIONSHIPS IN AUSTRALIA date: 2012-11-21 words: 6782 flesch: 50 summary: Jan Burnswoods) has a reference from the New South Wales Parliament on relationships law reform generally. The Committee has called for submissions on the ways in which the Property Relationships Act as it now stands does not adequately address legal concerns necessary to remove residual legal discrimination against same-sex domestic partners under State law. keywords: act; australia; denning; discrimination; law; new; parliament; partners; relationships; rights; sex; sex relationships; south; state; wales cache: dlj-296.pdf plain text: dlj-296.txt item: #210 of 343 id: dlj-297 author: Alcock, Alistair title: WHO CONTROLS THE FAT CONTROLLER? date: 2012-11-23 words: 6183 flesch: 54 summary: THE DENNING LAW JOURNAL 13 Either way, political power and decision making would be transferred to non- politicians, in the words of the Steering Group, ‘turning company directors from business decision-makers into moral, political or economic arbiters’.37 The Steering Group (a sort of unofficial Royal Commission) subsequently concluded: “The overall objective [of UK company law] should be pluralist in the sense that companies should be run in a way which maximises overall competitiveness and wealth and welfare for all…”22 keywords: companies; company; company law; denning; directors; employees; interests; journal; law; shareholders; stakeholder; view cache: dlj-297.pdf plain text: dlj-297.txt item: #211 of 343 id: dlj-298 author: Fombad, Charles Manga title: SOME PERSPECTIVES ON THE PROSPECTS FOR JUDICIAL INDEPENDENCE IN POST-1990 AFRICAN CONSTITUTIONS date: 2012-11-23 words: 10344 flesch: 36 summary: 7 See in particular, Christopher M. Larkins, “Judicial independence and democratization: A theoretical and conceptual analysis,” 44 American Journal of Comparative Law (1996), 608-611. 8 See, The Asian Development Bank, Judicial independence project, “Judicial independence overview and country-level summaries,” 9 Adopted from the definition of Christopher M. Larkins, op cit at p 611. http://www.oefre.unibe.ch/law/icl/was00000_.html http://66.249.93.104/search?q=cache:TVdXJQ6CriwJ:www.ifes.org/searchable/ifes_site/PDF/rule_of_law/ROL_Tool_Kit/WhitePaper_1_FINAL.pdf+montreal+universal+declaration+on+the+independence+of+justice&hl=en http://66.249.93.104/search?q=cache:TVdXJQ6CriwJ:www.ifes.org/searchable/ifes_site/PDF/rule_of_law/ROL_Tool_Kit/WhitePaper_1_FINAL.pdf+montreal+universal+declaration+on+the+independence+of+justice&hl=en http://66.249.93.104/search?q=cache:TVdXJQ6CriwJ:www.ifes.org/searchable/ifes_site/PDF/rule_of_law/ROL_Tool_Kit/WhitePaper_1_FINAL.pdf+montreal+universal+declaration+on+the+independence+of+justice&hl=en http://www.iaj-uim.org/ENG/07.html THE DENNING LAW JOURNAL 28 From these diverse declarations and statements, the core elements of judicial independence that seem to be internationally recognised can be summarised as follows: i) institutional arrangements for judicial autonomy; ii) financial arrangements for judicial autonomy; iii) arrangements for the security of the judicial office; iv) adequate remuneration of judicial officers; v) transparent mechanism for judicial appointments; and vi) judicial accountability.37 POST 1990 AFRICAN CONSTITUTIONAL APPROACHES TO JUDICIAL INDEPENDENCE It is now necessary to see to what extent the above core elements of judicial independence that are now universally recognised are reflected in some of the post-1990 African constitutions. keywords: african; article; constitution; countries; denning; executive; independence; journal; judges; judicial; judiciary; law; law journal; principles cache: dlj-298.pdf plain text: dlj-298.txt item: #212 of 343 id: dlj-300 author: Kirby CMG, Michael J title: THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION date: 2012-11-23 words: 15214 flesch: 55 summary: On the other hand, an examination of United States decisions indicates the contrast that exists in the higher English, Canadian, New Zealand, South African, Indian and other courts of the Commonwealth of Nations where there is a much greater inclination to look outwards for analogies and reasoning. Global constitutionalism therefore owes a great debt to the decision of the United States Supreme Court in Marbury v Madison.19 keywords: american; australia; clr; commonwealth; constitution; council; court; denning law; federal; government; judges; judicial; jurisdiction; justice; law; law journal; new; power; rights; states constitution; supreme court; united states cache: dlj-300.pdf plain text: dlj-300.txt item: #213 of 343 id: dlj-301 author: Nourse, Sir Martin title: LAW AND LITERATURE – THE CONTRIBUTION OF LORD DENNING date: 2012-11-23 words: 7296 flesch: 72 summary: The first judgment of Lord Justice Denning to be found in the Law Reports is Bishopsgate Motor Finance Company Ltd v Transport Brakes Ltd,8 a case about the sale of goods in market overt. In Lord Denning, the Man and his Times, a contribution by the late Professor Heuston to Lord Denning: the Judge and the Law,5 it is said of the first period: “If the reader of the law reports had not already realised it, there were now many signs of a powerful new mind at work. keywords: appeal; denning; denning law; journal; judge; judgment; justice; law; literature; lord; lord denning; style; time cache: dlj-301.pdf plain text: dlj-301.txt item: #214 of 343 id: dlj-302 author: Philips, Edward title: DIMINISHED RESPONSIBILITY AND INTOXICATION: INTERPRETATION, POLICY AND AUTHORITY IN R v DIETSCHMANN date: 2012-11-23 words: 9212 flesch: 59 summary: THE DENNING LAW JOURNAL 22 concept), ‘substantial impairment of mental responsibility’ requires the moral judgment of the jury, and there is in logic no way of inferring the one from the other.… ”48 Counsel for the defendant now submitted that Professor Smith had misunderstood the decision in Gittens He further submitted that the “Smith questions” placed undue pre-eminence to causation, which is not the same thing as impairment of mental responsibility. keywords: abnormality; alcohol; appeal; court; defence; defendant; jury; law; mind; responsibility cache: dlj-302.pdf plain text: dlj-302.txt item: #215 of 343 id: dlj-303 author: Platsas, Antonios title: THE POTENTIAL IMPACT OF THE CISG ON THE COMMON LAWS OF ENGLAND AND THE REPUBLIC OF IRELAND: A LEGAL ANACTATAXIS OR A TRIVIAL MATTER OF IMPLEMENTATION? THE LESSONS OF COMPARATIVE LAW date: 2012-11-23 words: 9231 flesch: 55 summary: Even if common law contracts such as the ones 18 Suspension in common law arises only in the rather rare instances where the buyer’s duty to make payment is not essential, whilst the seller’s concurrent duty to make delivery is. Thus the buyer - in the case of common law contracts of an international sale - will be entitled to terminate where the goods are shipped in time, that is outside the shipment period, as in Bowes v Shand,26 where it was held that “time is of the essence”. keywords: article; breach; buyer; cisg; common; contract; goods; international; ireland; law; trade law cache: dlj-303.pdf plain text: dlj-303.txt item: #216 of 343 id: dlj-304 author: Lim, C L title: THE SINGAPORE CONSTITUTION AND ITS CRITICS date: 2012-11-23 words: 19395 flesch: 49 summary: It is this value imposition from outwith that amounts to a metaphysical fraud.57 PUTTING THE HEGEMONY ARGUMENT TO SOCIOLOGICAL (MIS)USE Worthington’s hegemony argument forms the principal basis for a number of wider observations about Singapore law. In any event, I had just about given up on Dr Worthington’s study by the time I came upon his persistent confusion of my Faculty colleague, Professor V Winslow, for THE DENNING LAW JOURNAL 85 Something is therefore not quite right here in the sense that all these points, which really are intended to say something real, important and interesting about the politics of legal knowledge in Singapore, even something profound about how Singapore law chooses to view itself, are somehow reduced, by way of that old chestnut of Gramsci’s to speculation and titillation instead. keywords: act; appeal; attorney; case; constitution; court; denning law; dr worthington; example; executive; general; government; justice; law; law journal; minister; power; professor; public; review; singapore; singapore constitution; singapore law; state; terms; worthington cache: dlj-304.pdf plain text: dlj-304.txt item: #217 of 343 id: dlj-305 author: Beloff QC, Michael J title: PAYING JUDGES: WHY, WHO, WHOM, HOW MUCH? NEILL LECTURE 2006 date: 2012-11-23 words: 14432 flesch: 59 summary: In 1851 by the Court of Chancery Act the salary of the Master of the Rolls was fixed at £6,000: and those of two new Judges of the Court of Appeal in Chancery at the same sum, but when in 1873 the number of Lord Justices was increased to 5 the salary was lowered to £5,000.84 The Judges, consulted on whether the newly titled Lords Justices should be distinguished from mere Puisnes by a further £500 per annum or by a Privy Councillorship, preferred glory over gold.85 Gladstone’s efforts to cut judicial salaries in his first Administration was resisted by the judges who refused to discuss the forthcoming Judicature Bill while such a threat existed, Chief Justice Bovill of Common Pleas arguing that: “since judges salaries were fixed, everything especially house rents, servants and horses have become much more expensive. The common ground identified in international instruments, such as the IBA Code of Minimum Standards of Judicial Independence, is that judges salaries can be reduced only as part of an overall economic package, not that they cannot be reduced at all.41 So whereas, in England, we consider the principle of the protection of judicial salaries to be a necessary but not, of course, a sufficient guarantee of judicial independence, in the wider world it is not always seen as necessary. keywords: act; chancellor; chapter; chief; constitution; court; court judges; denning law; independence; judges; judges salaries; judiciary; justice; law; law journal; lord; lord chancellor; new; office; oxford; pay; public; remuneration; salaries; salary; shetreet cache: dlj-305.pdf plain text: dlj-305.txt item: #218 of 343 id: dlj-306 author: Lawrence QC, Sir Ivan title: PUNISHMENT WITHOUT LAW: HOW ENDS JUSTIFY THE MEANS IN MARITAL RAPE date: 2012-11-23 words: 6392 flesch: 58 summary: 37 Professor Sir John Smith QC, formerly Professor of Law at Nottingham University and author of the leading textbook on criminal law at (1991) CLR 478. PUNISHMENT WITHOUT LAW: how ends justify the means in marital rape THE DENNING LAW JOURNAL 37 PUNISHMENT WITHOUT LAW: HOW ENDS JUSTIFY THE MEANS IN MARITAL RAPE Sir Ivan Lawrence QC* SUMMARY In marital rape cases, the appellate courts have either ignored or dismissed established principles of law: that Parliament is sovereign and alone can make new laws, and that the House of Lords cannot change laws in contradiction to the clear intention of Parliament. keywords: court; criminal; house; law; parliament; r v; rape cache: dlj-306.pdf plain text: dlj-306.txt item: #219 of 343 id: dlj-307 author: Kirby CMG, Michael J title: APPELLATE ADVOCACY - NEW CHALLENGES. THE DAME ANN EBSWORTH MEMORIAL LECTURE date: 2012-11-23 words: 12307 flesch: 59 summary: Historically, both in England and Australia oral advocacy has been emphasised. What can be done to improve the number of women advocates? keywords: advocacy; advocates; australia; case; court; denning; denning law; female; journal; judges; justice; law; law journal; new; practice; submissions; technology; time; women cache: dlj-307.pdf plain text: dlj-307.txt item: #220 of 343 id: dlj-308 author: Lloyd of Berwick, Lord title: THE JUDGES AND THE EXECUTIVE – HAVE THE GOALPOSTS BEEN MOVED? date: 2012-11-23 words: 7813 flesch: 72 summary: The title of my lecture is not “Judges and the Government,” which might have been understood as a reference to this Government; but judges and the executive. For when Ministers criticise the judiciary as a whole, or attack the decisions of individual judges, it is inevitably taken up by the press. keywords: act; case; denning; government; judges; law; lord; parliament; review; rights cache: dlj-308.pdf plain text: dlj-308.txt item: #221 of 343 id: dlj-309 author: Machover, Daniel; Maynard, Kate title: PROSECUTING ALLEGED ISRAELI WAR CRIMINALS IN ENGLAND AND WALES date: 2012-11-23 words: 7956 flesch: 43 summary: FIRST BY FAX: 020 7230 7571 THE DENNING LAW JOURNAL 95 PROSECUTING ALLEGED ISRAELI WAR CRIMINALS IN ENGLAND AND WALES Daniel Machover and Kate Maynard* The criminal justice system in England & Wales is faced with allegations made by Palestinians of Israeli war crimes contrary to the Geneva Conventions Act 1957 (and which in some cases also involve allegations of torture contrary to s134 Criminal Justice Act 1988) – how will it cope with this challenge? Section 134 of the Criminal Justice Act 1988 http://www.un.org/documents/ecosoc.htm http://www.icj.org/ http://www.fidh.org/ http://www.fidh.org/ http://www.euromedrights.net/ http://www.euromedrights.net/ http://aohr.org/ http://www.pchrgaza.org/ THE DENNING LAW JOURNAL 96 relating to Gaza cases were handed over to the anti-terrorist and war crimes unit of the Metropolitan police on 26 August 2005.5 Naturally, in such cases, lawyers in England and Wales are reliant to a great extent on the collection of evidence by lawyers and other human rights defenders in the Occupied Palestinian Territory (OPT). keywords: article; cases; convention; crimes; criminal; denning; house; international; israel; journal; law; military; police; war; war crimes cache: dlj-309.pdf plain text: dlj-309.txt item: #222 of 343 id: dlj-310 author: Odeke, Ademuni title: DOUBLE INVOICING IN INTERNATIONAL TRADE: THE FRAUD AND NULLITY EXCEPTIONS IN LETTERS OF CREDIT – ARE THE AMERICA ACCORD AND THE UCP 500 CROOKS’ CHARTERS!? date: 2012-11-23 words: 19315 flesch: 55 summary: This author has expressed his views on this issue elsewhere.69 However, by taking that root in the American Accord the Court of Appeal provided a red-herring and did not add much to the debate: although there is an overlap between the two, the main issue in Kwei Tek Chao was to do with the nature of the CIF rather than credit contracts. Most money laundering contracts are in fact clothed in the same way as the letter of credit contract. keywords: accord; agreement; american; article; bank; beneficiary; case; contract; court; credit; decision; denning law; documents; english; exchange; fraud; fraud exception; goods; international; law; law journal; ltd; money; principle; seller; ucp cache: dlj-310.pdf plain text: dlj-310.txt item: #223 of 343 id: dlj-311 author: Ciammaichella, Ellia title: A LEGAL ADVISOR’S RESPONSIBILITY TO THE INTERNATIONAL COMMUNITY: WHEN IS LEGAL ADVICE A WAR CRIME? date: 2012-11-23 words: 10210 flesch: 47 summary: Rather, because the State cannot act on its own and must necessarily act through the will of its agents, the only way to deter a State’s criminal action is by making its agents, including legal advisors, criminally responsible for their personal acts.5 Thus, the standard is whether a reasonable legal advisor should have known that the policy was criminal.34 In this respect, the author argues that the reasonable legal advisor standard is the general practice of legal advisors as recognized by civilized nations.35 One can appreciate this by analyzing the High Command Case and comparing the reasonable legal advisor with the field commander of normal intelligence (“reasonable field commander”) and the differing roles that they play in war. keywords: advisor; case; command; conduct; crime; criminal; geneva; law; note; order; policy; responsibility; war cache: dlj-311.pdf plain text: dlj-311.txt item: #224 of 343 id: dlj-312 author: Edwards, Susan title: R v JAMES; R v KARIMI, COURT OF APPEAL, (CRIMINAL DIVISION) [2006] 1 ALL ER 759 date: 2012-11-23 words: 4416 flesch: 58 summary: Those sitting were Lord Bingham of Cornhill, the senior Law Lord, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Carswell. Capacity for self control THE DENNING LAW JOURNAL 181 CASE COMMENTARY R v JAMES; R v KARIMI, COURT OF APPEAL, (CRIMINAL DIVISION) keywords: appeal; control; holley; law; lord; provocation; self cache: dlj-312.pdf plain text: dlj-312.txt item: #225 of 343 id: dlj-313 author: Welstead, Mary title: EVANS v UNITED KINGDOM (APPLICATION NO. 6339/05) 7 MARCH 2006 date: 2012-11-23 words: 5304 flesch: 54 summary: The Court took the approach that public interest and private rights overlapped to such an extent that there could be no distinction in the margin of appreciation applicable to both. All Convention States have a measure of discretion in enacting domestic legislation which might, conceivably, interfere with Convention rights, provided that they are able to demonstrate that the legislation satisfies a legitimate aim which may be viewed as necessary in a democratic society, and is not discriminatory. keywords: art; consent; echr; embryos; life; natallie; right cache: dlj-313.pdf plain text: dlj-313.txt item: #226 of 343 id: dlj-314 author: Bray, Judith title: KENT AND ANOR v KAVANAGH AND ANOR [2006] EWCA CIV 162 date: 2012-11-23 words: 2614 flesch: 65 summary: Mr and Mrs Kent claimed rights over the half of the pathway that did not belong to them. He asserted, “…Under s.62 a conveyance of land operates to convey with the land “all ways, easements, rights and advantages whatsoever, appertaining or reputed to appertain to the land…or at the time of conveyance, demised…or enjoyed with…the land”. keywords: land; rights; tenant cache: dlj-314.pdf plain text: dlj-314.txt item: #227 of 343 id: dlj-315 author: Welstead, Mary title: MILLER v MILLER; McFARLANE v McFARLANE [2004] UKHL 24 date: 2012-11-23 words: 4602 flesch: 57 summary: Although it must be acknowledged that the House, on the basis of its construction of fairness, did take a significantly new approach to short marriages and to the purpose of periodical payments. 4 The Court of Appeal also declined to accept Mr Miller’s contention that financial settlements after short marriages should merely take into account the claimant’s needs. keywords: court; decision; fairness; marriage; mcfarlane; miller cache: dlj-315.pdf plain text: dlj-315.txt item: #228 of 343 id: dlj-316 author: Edwards, Susan title: R (ON THE APPLICATION OF BEGUM) v HEADTEACHER AND GOVERNORS OF DENBIGH HIGH SCHOOL HL [2006] UKHL 15, [2006] ALL ER (D) 320 (MAR), (APPROVED JUDGMENT) date: 2012-11-23 words: 4393 flesch: 62 summary: [2006] UKHL 15, [2006] ALL ER (D) 320 (MAR), (APPROVED JUDGMENT) The Jilbab Controversy Susan Edwards* THE FACTS On March 22nd 2006, the House of Lords allowed an appeal by the defendant school, Denbigh High School in Luton and ruled that the school’s uniform policy which disallowed a particular variation of Islamic dress - the “jilbab” (a long sleeved floor length loose fitting tunic dress) - did not amount to an interference with the respondent’s right to manifest her religion.1 Denbigh High School’s, school uniform, for those who were of the Islamic faith was in the form of the “shalwar kameeze” (a tunic and a particular style of shaped trousers). ”38 The House of Lords decision clearly steers well clear of making any general rules with regard to school uniform and manifestation of religious belief. keywords: appeal; court; high; house; lords; para; right; school cache: dlj-316.pdf plain text: dlj-316.txt item: #229 of 343 id: dlj-317 author: Thomas, Olga title: MANGOLD v HELM (CASE C-144/04) GRAND CHAMBER, EUROPEAN COURT OF JUSTICE 22 NOVEMBER 2006 date: 2012-11-23 words: 4005 flesch: 44 summary: The reasoning put forward for such new inroads is itself new: the idea that the Directive embodies a pre-existing general principle and that national law could therefore be set aside by national courts, even though the implementation period for the Directive had not expired. THE DENNING LAW JOURNAL 241 that reason it could have been used in Mangold and in fact Advocate General Tizzano relies on this existing doctrine to reach his conclusion that the TzBfG, though contrary to Directive 2000/78, could not be disapplied but should be interpreted by the national courts in order to arrive at a result consistent with that prescribed by the Directive.17 The law on how to deal with unimplemented directives seemed settled: they could not be used before their period of implementation had expired,18 they could not be relied upon in proceedings exclusively between private parties,19 though national law should be interpreted as far as possible to give effect to their desired result.20 The Court of Justice, however, without the encouragement of its Advocate General, takes it upon itself to make new inroads and find yet another way round the lack of horizontal direct effect. keywords: age; court; directive; general; law; period cache: dlj-317.pdf plain text: dlj-317.txt item: #230 of 343 id: dlj-318 author: Edwards, Susan title: MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004) date: 2012-11-23 words: 8042 flesch: 53 summary: The definition of domestic violence which is widely used is found in the Home Office in Domestic violence: a national report,17 which reads: “Any Criminal Justice Act 2003. There is very little jurisprudence on the specific circumstances prevailing in domestic violence cases on this point. keywords: act; case; child; court; criminal; defendant; evidence; law; offence; person; section; victims; violence cache: dlj-318.pdf plain text: dlj-318.txt item: #231 of 343 id: dlj-319 author: Burton, Frances title: A BRIGHTLY COLOURED PHOENIX date: 2012-11-23 words: 1671 flesch: 33 summary: Core Text ISBN 0 199 28235 8 (Oxford: Oxford University Press, 2006) pp 372, price £18.95 Frances Burton* Considering the pace and volume of legislation and cultural change in Family law over the past 10 years, lecturers everywhere must finally have begun to despair of ever containing family law within a manageable syllabus before this neat compendium of essential principles and supporting authority was published by Oxford University Press in their Core Text Series, at the same time that the long awaited English spring did not arrive to cheer us after the prolonged winter. THE DENNING LAW JOURNAL 262 could be the only book they read, but if read thoroughly in conjunction with whatever lectures and tutorials a student’s course provides, it would not only be enough to consolidate the mass of unorganised material which law students accumulate (and then often do not process sufficiently to benefit from) but should also inspire even the idlest student to creative thinking. keywords: book; chapter; family; law cache: dlj-319.pdf plain text: dlj-319.txt item: #232 of 343 id: dlj-320 author: Slater, James title: BALLOT BOX TO JURY BOX: THE LIFE AND TIMES OF AN ENGLISH CROWN COURT JUDGE date: 2012-11-23 words: 1127 flesch: 60 summary: There are more accounts of the criminal law cases that John Baker dealt with, from the very serious, such as abuse by those caring for the mentally handicapped,8 to the more amusing, such as John McVicar defending himself in an assault case.9 It also relates a growing interest in the relationship between sport and law, and describes his desire to get a course on this subject off the ground at Kingston College for Further Education, where John Baker is President of the Law Department and where he gives occasional lectures.10 His full time judicial career came to a close on the 3rd of April 1998, but he was able, at the discretion of Lord Irving, to sit part-time until just before his seventy-fifth birthday.11 Perhaps this exercise of discretion in his favour by the then Lord Chancellor was smoother than his relationship with the then LCD. A short review, such as this, prevents me from summarising the enormity of the wealth of biographical information and insightful comments and observations on the law drawn from personal experience, but I hope to give something of the flavour of John Baker’s life and contribution to law before focusing on the final two chapters, where Judge Baker tells the story of his judicial career. keywords: baker; john; law cache: dlj-320.pdf plain text: dlj-320.txt item: #233 of 343 id: dlj-321 author: Edwards, Susan title: MAGISTRATES’ COURTS CRIMINAL PRACTICE 2006 date: 2012-11-23 words: 925 flesch: 48 summary: More recently, Blackstone’s Criminal Practice (Blackstone Press, now Oxford University Press, pp 2061, price £185 hardback and cd rom) has emerged as ‘the’ competitor. Magistrates’ Courts Criminal Practice 2006 combines the best of both these detailed and succinct worlds. keywords: criminal; practice cache: dlj-321.pdf plain text: dlj-321.txt item: #234 of 343 id: dlj-322 author: Markesini, Sir Basil title: TWO KINDS OF JUSTICE: HUMAN AND DIVINE, RANDOM THOUGHTS A PROPOS MILTON’S PARADISE LOST date: 2012-11-23 words: 8689 flesch: 65 summary: Lucky but also foolish (or perhaps courageous) to do it in a manner which, at first blush appears to be unorthodox; for it is anything but usual to argue that human justice may, at times, be better than divine justice. I need hardly add that such rigidity of religious justice is not one that commends itself easily to contemporary lawyers. keywords: adam; death; denning; divine; god; human; justice; law; milton; paradise; point; punishment; sentence; texts; thoughts; way cache: dlj-322.pdf plain text: dlj-322.txt item: #235 of 343 id: dlj-323 author: Wallace, William title: THE EU CONSTITUTION: WHAT NEXT? OCTOBER 11TH 2005 THE LORD SLYNN OF HADLEY EUROPEAN LAW FOUNDATION date: 2012-11-23 words: 5739 flesch: 45 summary: Implementation of EU policies and decisions has always been one of the weakest points of the EU policy process: neglected not only by the Commission and the European Parliament, but also by many national governments. Yes, agreement is still blocked on reform of the EU’s budgetary arrangements, and the gradual transformation of the Common Agricultural Policy is painfully slow in reducing its costs; but European governments are now developing common policies on fields which were completely taboo to those who negotiated the original treaties, and which are much more appropriate to the loose confederation that the EU has in effect become than the detailed regulations that the Commission continues to propose. keywords: commission; convention; european; french; governments; member; national; policy; states; treaty; years cache: dlj-323.pdf plain text: dlj-323.txt item: #236 of 343 id: dlj-324 author: Beloff QC, Michael J title: WHO – WHOM? UNRESOLVED ISSUES IN JUDICIAL REVIEW INAUGURAL LECTURE AT THE UNIVERSITY OF BUCKINGHAM MAY 29TH 2007 date: 2012-11-23 words: 8442 flesch: 62 summary: THE WHO Rules as to locus standi in public law divide persons into two categories: those who have access to the Courts to challenge decisions of public authorities and those who do not. Lord Diplock was able to say: “Order 53 since 1977 has provided a procedure by which every type of remedy for infringement of the rights of individuals that are entitled to protection in public law can be obtained in one and the same proceeding by way of a n application for judicial review, and 2 See generally H W R Wade and C F Forsyth Administrative Law (Oxford: Oxford University Press, 9th edn, 2004) (“Wade”) pp 681-690. keywords: act; application; body; case; challenge; court; ex p; human; interest; law; lord; public; r v; review; rights; secretary; state cache: dlj-324.pdf plain text: dlj-324.txt item: #237 of 343 id: dlj-325 author: Haider, Huma; Welch, Timothy title: THE PROTECTION OF WITNESSES IN BOSNIAN WAR CRIMES TRIALS: A FAIR BALANCE BETWEEN THE INTERESTS OF VICTIMS AND THE RIGHTS OF THE ACCUSED? date: 2012-11-23 words: 14164 flesch: 55 summary: The judgment provided five guidelines on how to balance these interests with respect to granting witness anonymity: 30 Article 21(4)(e), Statute of the International Criminal Tribunal for the Former Yugoslavia; see Antonio Cassese, “The International Criminal Tribunal for the Former Yugoslavia and Human Rights” (1997) While protection systems may be sufficient at the state court level, witness protection measures at the sub-state level remain minimal and weak.67 Thus, while more recent jurisprudence of war crimes trials concerning Bosnia and Herzegovina has not granted witness anonymity, there is still the potential for such measures to become an issue again in future trials. keywords: accused; anonymity; article; bosnia; court; crimes trials; human; ibid; law; measures; para; protection; public; rights; trials; war crimes; witnesses cache: dlj-325.pdf plain text: dlj-325.txt item: #238 of 343 id: dlj-326 author: Temple, Adam title: DISGORGEMENT DAMAGES FOR BREACH OF CONTRACT date: 2012-11-23 words: 10667 flesch: 61 summary: ARGUMENTS IN FAVOUR OF DISGORGEMENT DAMAGES In this section I consider the arguments that have been put forward in favour of the availability of disgorgement damages. (b) The Cynical Defendant Edelman regards deterrence as the reason why disgorgement damages ought to be available for breach of contract. keywords: breach; breaches; case; claimant; contract; damages; defendant; deterrence; disgorgement damages; interest; law; performance cache: dlj-326.pdf plain text: dlj-326.txt item: #239 of 343 id: dlj-327 author: Muller QC, Mark title: TERRORISM, PROSCRIPTION AND THE RIGHT TO RESIST IN THE AGE OF CONFLICT date: 2012-11-23 words: 9188 flesch: 39 summary: Although 1373 states that any act of international terrorism constitutes a threat to international peace and security and requires member states to combat terrorism by all means, it does not clarify what it means by the term “acts”. 51/210 measures to eliminate international terrorism recalling its resolution 49/60 of December 1994 – http://www.un.org/documents/ga/res/51/a51r210.htm. 6 Adopted 9 December 1999. keywords: council; court; definition; determination; international; law; organisation; proscription; right; secretary; self; states; terrorism cache: dlj-327.pdf plain text: dlj-327.txt item: #240 of 343 id: dlj-328 author: Burton, Frances title: BACK TO THE FUTURE – NOT ROCKET SCIENCE: SOME THOUGHTS ON 20 YEARS OF CONSULTATIONS ON THE FUTURE OF THE BVC AND PUPILLAGE date: 2012-11-23 words: 8690 flesch: 35 summary: Following on from such a flexible course, BVC students who have financed themselves through a BVCOL by working throughout might be able better to complete pupillage part time, as is considered by “Neuberger”could be done. Although Deferral itself has now been wisely killed off by the BSB, since it provoked the final exasperation of consultees suffering from consultation fatigue, it also meant that a number of irritated responses were generated, by Chambers, Inns and both current and recent BVC students, voicing considerable dissatisfaction with the BVC and its costs. keywords: bar; bar council; bsb; bvc; course; law; neuberger; profession; pupillage; report; students; time; training; years cache: dlj-328.pdf plain text: dlj-328.txt item: #241 of 343 id: dlj-329 author: Slater, James title: CRIMES AGAINST HUMANITY: THE STRUGGLE FOR GLOBAL JUSTICE date: 2012-11-23 words: 9409 flesch: 50 summary: Instead, Robertson treats the objective status of human rights as more or less self-evident.4 Thus in the Epilogue, he states: “But human rights principles afford individuals such elemental protections against the state that they are sought by intelligent beings everywhere”.5 The negative critiques offered by realist, utilitarian, Marxist, relativist, feminist, and communitarian philosophies are not explored by Robertson.11 A more sustained engagement with the various schools of thought that are, at the very least sceptical of, if not in outright opposition to, human rights would have been appropriate.12 Robertson may be correct that subscribing to human rights principles is the best way to manage the relationship between the individual or group on the one hand, and the state and other forms of public power on the other,13 but this claim should be backed up by some lengthy argument, rather than treating the question as self-evident. keywords: cah; court; crimes; freedom; human; humanity; justice; law; rights; robertson; state; university cache: dlj-329.pdf plain text: dlj-329.txt item: #242 of 343 id: dlj-330 author: Sheedy, James title: CIVIL LAW JURISDICTIONS AND THE ENGLISH TRUST IDEA: LOST IN TRANSLATION? date: 2012-11-23 words: 5212 flesch: 48 summary: It will be a very unusual circumstance for a trustee to have divested himself of trust property and remain a trustee. Such a scenario would be, where the trustee has allowed trust property to diminish to nil value or has passed it to an ‘equities darling’ for a insignificant value to which the beneficial interest then attaches. keywords: common; english; english trust; law; patrimony; property; rights; trust; trust idea; trustee cache: dlj-330.pdf plain text: dlj-330.txt item: #243 of 343 id: dlj-331 author: Sundaram, Jae title: Transfield Shipping Inc v Mercator Shipping Inc The Achilleas [2007] 2 Lloyds Rep 555 date: 2012-11-23 words: 4006 flesch: 55 summary: Charterers have further option to complete last voyage”. The Commercial Court had earlier held that where a time charterparty had no unusual provisions or features and the time charterer fails to redeliver the vessel in time for its next fixture, leading to a loss of profit in the next fixture, the shipowner’s claim for damages based on that loss of profits against the redelivering charterer was not too remote, being a not “unlikely result” of late redelivery. keywords: charterers; court; damages; fixture; vessel cache: dlj-331.pdf plain text: dlj-331.txt item: #244 of 343 id: dlj-332 author: Rains, Robert E title: Jacob v Shultz-Jacob, 923 A 2d 473, 2007 Pa Super Lexis 957 (Pa Super 2007) date: 2012-11-23 words: 6427 flesch: 63 summary: Jennifer did not deny her liability for child support, but asked the trial court to join Carl as an additional defendant, arguing that he, too, was liable. L S K, naturally, sued H A N for child support, and H A N denied liability on the basis that she was neither the children's natural nor adoptive parent. keywords: case; child; children; court; custody; jacob; jennifer; parent; pennsylvania; support cache: dlj-332.pdf plain text: dlj-332.txt item: #245 of 343 id: dlj-333 author: Welstead, Mary title: Re C (A Child) (Adoption: Duty of Local Authority) [2007] 3 FCR 659 date: 2012-11-23 words: 3821 flesch: 58 summary: Armed with this information, she may then consult the Adopted Contact Register, which lists birth parents and relatives of adopted children who wish to be contacted by an adopted person. CASE COMMENTARY 218 Fathers’ Rights Many fathers of adopted children maintain that their Art 8 rights to family life are far too strictly limited by the need to demonstrate the existence of a family and some level of permanency in their relationships with a child’s mother, prior to the child’s birth. keywords: adoption; baby; child; family; father; mother cache: dlj-333.pdf plain text: dlj-333.txt item: #246 of 343 id: dlj-334 author: Edwards, Susan title: Secretary of State for the Home Department v MB: Secretary of State for the Home Department v AF [2007] UKHL 46 date: 2012-11-23 words: 8148 flesch: 54 summary: http://www.lexisnexis.com/uk/legal/search/runRemoteLink.do?service=citation&langcountry=GB&risb=21_T3487478812&A=0.8727625561798618&linkInfo=GB%23ALLER%23year%252005%25page%25169%25vol%253%25sel2%253%25sel1%252005%25&bct=A http://www.lexisnexis.com/uk/legal/search/runRemoteLink.do?service=citation&langcountry=GB&risb=21_T3487478812&A=0.3185726266770711&linkInfo=GB%23AC%23year%252005%25page%2568%25vol%252%25sel2%252%25sel1%252005%25&bct=A CASE COMMENTARY 222 derogating ‘control order.’ The House allowed the Home Secretary's appeal on the first issue, although they agreed that control orders involving curfews of 18 hours were indeed in breach of Article 5. keywords: act; case; control; control order; court; order; para; secretary; state; terrorism cache: dlj-334.pdf plain text: dlj-334.txt item: #247 of 343 id: dlj-335 author: Opadokun, Bolanle title: R Ex P Raissi v Secretary of State for the Home Department, Court of Appeal, (Civil Division) [2008] All ER (D) 215 (Feb) date: 2012-11-23 words: 3195 flesch: 55 summary: Even in circumstances where the authorities are allowed to deprive someone of his or her liberty,12 he or she is entitled to be told of the charges levelled against him or her in the manner and language he or she will understand.13 Mr Raissi was held on extradition charges without knowing in detail what offences he was supposed to have committed. 15 www.parliament.uk CASE COMMENTARY 246 Finally, peradventure a further appeal to the House of Lords comes down in favour of the Home Secretary that extradition charges did not fall within the scope of ex gratia scheme. keywords: appeal; court; extradition; raissi; scheme cache: dlj-335.pdf plain text: dlj-335.txt item: #248 of 343 id: dlj-336 author: Denoncourt, Janice title: SECURED TRANSACTIONS IN INTELLECTUAL PROPERTY: SOFTWARE AS COLLATERAL date: 2012-11-23 words: 1160 flesch: 40 summary: The author begins by mapping the current legal framework governing intellectual property secured transactions in Canada as regards software. Nevertheless, this is the first book to bridge the gap between finance law and secured transactions specifically in relation to software. keywords: collateral; law; property; software cache: dlj-336.pdf plain text: dlj-336.txt item: #249 of 343 id: dlj-337 author: Alcock, Alistair title: SHAREHOLDERS RIGHTS date: 2012-11-23 words: 651 flesch: 54 summary: Despite its name, it covers a wide area, setting possible shareholder claims in the general framework of company law, separate legal personality, the statutory contract, majority rule and a quite detailed look at directors’ duties. If I had one criticism of this, it might be that a few more Commonwealth decisions from jurisdictions where company law was reformed some years ago, might have been used to illustrate how the courts could now interpret the ∗ Professor and Founding Head of Salford Law School. keywords: act; law cache: dlj-337.pdf plain text: dlj-337.txt item: #250 of 343 id: dlj-338 author: Edwards, Susan title: Obituary date: 2012-11-26 words: 281 flesch: 58 summary: Lord Slynn had been connected with Buckingham for some considerable time and his wife taught French here for many years Lord Slynn of Hadley 1930-2009 Lord Slynn had been connected with Buckingham for some considerable time and his wife taught French here for many years. Lord Slynn was a champion of human rights and liberty. keywords: lord cache: dlj-338.pdf plain text: dlj-338.txt item: #251 of 343 id: dlj-339 author: Lone, Fozia N title: THE CREATION STORY OF KASHMIRI PEOPLE: THE RIGHT TO SELF-DETERMINATION date: 2012-11-26 words: 10895 flesch: 52 summary: In 1951, Kelsen defined “people” by equating people to “State” and concluded that peoples in the same clause meant states.83 However, the travaux preparatoires to the UNC reveals that drafters never intended the term “people” to denote states. The right to self-determination, which includes economic self-determination, has been clearly established as a right in international law and forms a part of the norms of jus cogens.116 Consequently, the right to self-determination of peoples as provided for in the covenants is therefore a continuing right and a permanent one.117 Art 1(2) of these two covenants provides that people of a 110 UNGA Res. 421 keywords: british; december; decolonisation; definition; determination; human; india; international; jammu; journal; kashmir; kashmiri people; kashmiris; law; new; pakistan; people; resolution; right; self; state; territory; world cache: dlj-339.pdf plain text: dlj-339.txt item: #252 of 343 id: dlj-340 author: Dyer, Karen title: RAISING OUR HEADS ABOVE THE PARAPET? SOCIETAL ATTITUDES TO ASSISTED SUICIDE AND CONSIDERATION OF THE NEED FOR LAW REFORM IN ENGLAND AND WALES date: 2012-11-26 words: 10035 flesch: 61 summary: It appears that many are crying out for a change in English Law to allow assisted suicide to take place, yet Parliament constantly refuses to pass such legislation. The protection of medical professionals remains one of the strongest arguments in favour of legalising assisted suicide. keywords: act; autonomy; court; death; doctor; euthanasia; law; legislation; life; medical; patient; person; right; society; suicide; support; years cache: dlj-340.pdf plain text: dlj-340.txt item: #253 of 343 id: dlj-341 author: Welstead, Mary title: FORCED MARRIAGE: BIFURCATED VALUES IN THE UK date: 2012-11-26 words: 7592 flesch: 62 summary: 1 In this article, I examine the issue of forced marriage in England and 1 See Theodore Dalrymple “Reader, She Married Him – Alas” 1995 City Journal 1. ”6 However, the dividing line between forced marriages and arranged marriages can be a rather fine one. keywords: children; family; father; help; home; jamila; law; marriage; parents; people; values; victims cache: dlj-341.pdf plain text: dlj-341.txt item: #254 of 343 id: dlj-342 author: Ward, Alan George title: THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE date: 2012-11-26 words: 11848 flesch: 52 summary: The appeal of Glasgow, against conviction for murder, was refused on the basis that firstly, sufficient consideration had been given to the credibility of anonymous trial witnesses and secondly, that the trial judge had considered possible alternatives to making an anonymity order. NOW AND INTO THE FUTURE Alan George Ward∗ ABSTRACT Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis.1 Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. keywords: act; anonymity act; anonymity order; appeal; court; criminal; davis; defendant; evidence; justice; law; right; trial; witness anonymity; witnesses cache: dlj-342.pdf plain text: dlj-342.txt item: #255 of 343 id: dlj-343 author: Halpern, Ann title: THE CHANGING FACE OF THE CITY date: 2012-11-26 words: 5105 flesch: 54 summary: The extent of this off-balance-sheet trading meant that investors found it difficult to assess how much off-balance-sheet risk each large bank was exposed to which is why bank shares have tumbled as investors shy away from buying their shares for fear of how much exposure they have to these 3 See Harvard Business School Case Study on the Acquisition of Household Insurance by HSBC 2004. Northern Rock’s model for doing business was to borrow money from other banks in order to lend money to people who wanted to buy houses. keywords: banks; credit; interest; loan; market; money; rate; risk; shares cache: dlj-343.pdf plain text: dlj-343.txt item: #256 of 343 id: dlj-344 author: Brown, James title: Hanchett-Stamford v (1) HM Attorney-General and (2) Dr William Johnston Jordan [2008] EWHC 330 (Ch), 2008 WL 1968855 date: 2012-11-26 words: 5711 flesch: 51 summary: The booklet also encouraged League members to protest about television programmes, which depicted cruelty to animals.5 According to the 1962 booklet there were two categories of member, namely, life members and annual members, totalling at that time some 250 people. It may be a gift to the existing members not as joint tenants but subject to their respective contractual rights and liabilities towards one another as members of the association - in such instance a member cannot sever his share and it will accrue to the other members on his death or resignation, even though such members include persons who became members after the gift took effect; 3. keywords: assets; association; holding; law; league; lordship; members; property cache: dlj-344.pdf plain text: dlj-344.txt item: #257 of 343 id: dlj-345 author: Meager, Rowena title: Gregson v HAE Trustees Ltd & Ors [2008] EWHC 1006 (Ch) date: 2012-11-26 words: 5041 flesch: 57 summary: These principles limit the potential liability of company directors in circumstances where those directors have breached their duty to the company, thereby causing loss to a third party, and for which loss an action may be brought against the company. When a trust suffers loss as a result of a breach by a corporate trustee, and that corporate trustee cannot or will not pursue its own directors to recover the losses to the settlement, a dog- leg claim recognises the right of action available to the corporate trustee as being the property of the trust. keywords: claim; company; directors; dog; leg claim; trustee cache: dlj-345.pdf plain text: dlj-345.txt item: #258 of 343 id: dlj-346 author: Bray, Judith title: MacLeod v MacLeod [2008] UKPC 64 date: 2012-11-26 words: 4130 flesch: 60 summary: THE DENNING LAW JOURNAL 133 Baroness Hale commented in MacLeod v MacLeod11 that there had been an increase in calls for legislative recognition of pre-nuptial agreements following the decisions of White v White,12 Miller v Miller and McFarlane v McFarlane13 which could be prompted by a perception that equality within marriage is wrong in principle. 29 Christopher Slade QC “Pre-Nuptial Agreements: A Rethink Required” [2008] Family Law 741. 30 [2008] 1 FLR 1467. keywords: agreement; court; marriage; parties; wife cache: dlj-346.pdf plain text: dlj-346.txt item: #259 of 343 id: dlj-348 author: Brennan, Carol title: Smith v Chief Constable of Sussex Police; [2008] UKHL; 50 date: 2012-11-26 words: 5311 flesch: 62 summary: First, they both concerned the recurring question of the ambit of police liability in the situation described by Lord Bingham thus: “…if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?”2 Secondly, considering the cases together highlighted the wider issue of the relationship between decisions under the Human Rights Act 1998 (hereafter the HRA) and the development of the common law. According to Lord Bridge in Caparo Industries Plc v Dickman (elaborating upon the neighbour principle of Donoghue v Stevenson), the requirements for imposing a duty are foreseeability, proximity and that it be fair just and reasonable.4 The extension of duties into contested or novel areas, such as that of police liability, should only be done incrementally and by analogy with existing duty situations. keywords: care; case; duty; hill; law; lord; para; police; public; smith cache: dlj-348.pdf plain text: dlj-348.txt item: #260 of 343 id: dlj-349 author: Walsh, Charlotte title: Chikwamba v Secretary of State for the Home Department [2008] UKHL 40 date: 2012-11-26 words: 8536 flesch: 53 summary: In this case a unanimous House of Lords effectively overruled the previous controlling Court of Appeal decision in Mahmood and, in a landmark and corrective decision, decided that an appeal against a refusal of asylum and leave to enter that is based on the right to family life protected by article 8 should not be dismissed routinely because government policy required the appellant to leave the country to apply for entry clearance from abroad. CASE COMMENTARY 162 Nevertheless, in regard to the “narrower argument”, only comparatively rarely (especially in family cases involving children) should an article 8 appeal be dismissed on the basis that it would be “proportionate and more appropriate” for the appellant to apply for leave to remain from abroad.29 In Chikwamba’s case it was clear that the needs for effective immigration control did not require her to travel to Zimbabwe to make her application. keywords: appeal; article; asylum; entry; family; immigration; rules; secretary; state cache: dlj-349.pdf plain text: dlj-349.txt item: #261 of 343 id: dlj-350 author: Halladay, John title: Transfield Shipping Inc v Mercator Shipping Inc (The “Achilleas”) [2008] 2 Lloyd's Rep 275 date: 2012-11-26 words: 2694 flesch: 68 summary: COMMENT By approaching remoteness as a term implied by law, Lord Hoffman has potentially found a new approach for remoteness and also many other doctrines of contract law. The case will undoubtedly be important for those in the shipping industry, but will also be important for the development of the doctrine of remoteness of damages in contract law. keywords: contract; damages; law; lord; loss; type cache: dlj-350.pdf plain text: dlj-350.txt item: #262 of 343 id: dlj-351 author: Slater, James title: McCOUBREY & WHITE’S TEXTBOOK ON JURISPRUDENCE date: 2012-11-26 words: 2378 flesch: 46 summary: Hard positivism flows from this vision of law as a practical authority because, arguably, the law can only act as an authority when it can be identified and applied without recourse to these extra legal factors.13 What is missing from Penner’s analysis is whether Raz’s justification for hard positivism is sustainable in light of the reality of legal reasoning, including Raz’s acknowledgment that judges often mix law application and law creation when deciding cases,14 and also retain a power, within institutional limits, to ignore clear law in the name of morality and justice.15 This need to supplement the law with extra legal factors when deciding cases arguably threatens Raz’s justification for hard positivism, because, if it is the norm rather than the exception, the frequent reference to extra legal factors severely compromises law’s practical utility, with the result that it can no longer fulfil its authoritative function. I will focus on two instances where that deeper analysis would have been welcome: the plausibility of H L A Hart’s approach to legal reasoning, and the concepts of, and distinction between, soft and hard positivism. keywords: hart; law; penner; positivism; textbook cache: dlj-351.pdf plain text: dlj-351.txt item: #263 of 343 id: dlj-352 author: Lindberg, Per T title: DEFEND MY CASTLE: IS THE UK IN VIOLATION OF ARTICLE 8 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS? date: 2012-11-26 words: 14699 flesch: 52 summary: Within the framework of the ECHR and its rather newfound doctrine of positive obligations, I will hold the UK accountable under Art 8 for failing to protect mortgagors’ homes, as the UK has actively encouraged home- ownership while providing inadequate legal protection and ineffective regulatory framework to curtail perilous lending practices; factors which conjunctively precipitate home repossessions. I contend that the mortgagor has potentially suffered an infringement of his Art 8 rights due to the inadequacy of governing law and ineffective regulation which conjunctively precipitate home repossessions. keywords: art; article; convention; court; echr; economic; european; home; housing; human; law; market; mortgage; mortgagor; ownership; para; possession; rights; socio; state cache: dlj-352.pdf plain text: dlj-352.txt item: #264 of 343 id: dlj-353 author: Greer, Sarah; Pawlowski, Mark title: CONSTRUCTIVE TRUSTS AND THE HOMEMAKER date: 2012-11-26 words: 6605 flesch: 53 summary: The husband agreed that the wife was entitled to an equitable interest in the family home (express common intention), and the wife had also made a direct financial contribution to the property via, inter alia, half of a wedding gift given to the couple (inferred common intention). ABSTRACT INTRODUCTION EXPRESS DECLARATION OF TRUST SINGLE OWNERSHIP CASES Express common intention Inferred common intention BLURRING THE BOUNDARIES JOINT OWNERSHIP CASES CONCLUSION keywords: claimant; constructive; express; intention; ownership; parties; property; trust cache: dlj-353.pdf plain text: dlj-353.txt item: #265 of 343 id: dlj-354 author: Doli, Dren; Korenica, Fisnik title: CALLING KOSOVO’S CONSTITUTION: A LEGAL REVIEW date: 2012-11-26 words: 14680 flesch: 40 summary: The Constitution establishes that: “The president is the head of state 109 Kosovo Constitution 2008, Article 80. 110 For more about the double majority procedure in the Kosovan vital laws’ case, see: Tansey O Kosovo “Independence and Tutelage (2009) Journal of Democracy. A LEGAL REVIEW 60 the Rights and Duties of States.47 Hence, one may argue that the Constitution of Kosovo prescribes, to the extent possible, the principles of the Montevideo Convention as a means of proclaiming statehood in a legal context. keywords: ahtisaari; article; assembly; constitutional; court; european; government; international; kosovan; kosovo constitution; law; legal; majority; para; president; republic; rights; state; system cache: dlj-354.pdf plain text: dlj-354.txt item: #266 of 343 id: dlj-355 author: Viano, Emilio C title: AN AMERICAN DILEMMA: THE FLOW OF TRADE VERSUS THE FLOW OF PEOPLE IN NAFTA date: 2012-11-26 words: 13818 flesch: 49 summary: Thus, it is difficult to sustain a political effort that would recognize the free movement of workers as a fundamental right of all those residing in NAFTA countries. Also, professionals from other NAFTA countries cannot be self-employed in the United States.63 The right of a Party to require a visa and to impose a quota is maintained.64 keywords: american; border; canada; european; flow; free; immigration; international; issues; journal; labour; law; law journal; law review; mexican; mexico; mobility; movement; nafta; people; policy; review; trade; trade agreement; united states; workers cache: dlj-355.pdf plain text: dlj-355.txt item: #267 of 343 id: dlj-356 author: Beloff QC, Michael J title: ACADEMIC FREEDOM – RHETORIC OR REALITY? date: 2012-11-26 words: 10162 flesch: 52 summary: Although as Professor Barendt has rightly said: “Academic freedom... may not be confined to higher education, but clearly has more resonance in that context than it does in schools,”18 the most celebrated legal case involving academic freedom was one of the many Trials of the Century19 involved what we would call a secondary school. My interest in academic freedom was sparked by a set of instructions received in this instance from the Government of Hong Kong. keywords: academic; amendment; case; circuit; court; education; expression; freedom; government; hong; institutions; journal; kong; law; public; reality; right; speech; state; universities; university cache: dlj-356.pdf plain text: dlj-356.txt item: #268 of 343 id: dlj-357 author: Edwards, Susan title: THE EUROPEAN COURT OF HUMAN RIGHTS – UNIVERSALIST ASPIRATIONS OF PROTECTION IN THE MIDDLE OF THE EDGE OF OCCUPATION date: 2012-11-26 words: 12409 flesch: 53 summary: In claiming to bring human rights to Iraq, the occupiers, inevitably, set themselves up as champions of human rights protection with the consequence that, because of their own high grounded claims and promises, their human rights example in Iraq was up for scrutiny and examination, both legally and morally. Their intervention focused on the issue of the extraterritorial application of human rights law, especially the application of the European Convention on Human Rights. keywords: appeal; british; case; convention; court; decision; echr; european; human; iraq; jurisdiction; law; men; para; protection; question; rights; saadoon; said; united cache: dlj-357.pdf plain text: dlj-357.txt item: #269 of 343 id: dlj-358 author: Bray, Judith title: Thorner v Major and others [2009] 1 WLR 776 date: 2012-11-26 words: 6504 flesch: 64 summary: See also “Apocalypse averted: Proprietary estoppel in the House of Lords” [2009] Law Quarterly Review 535 at 542 where McFarlane and Robertson comment “In the longer term, the decision in Thorner v Major may force a re-examination of some of the more tricky questions relating to proprietary estoppel, such as the extent of the rights it gives rise to and the scope of its application beyond cases involving land.” His decision relied in part on rules of evidence and he used a range of cases where the credibility of witnesses had been at issue.50 Of course this decision differs from the vast majority of proprietary estoppel cases because in this case the assurer was able to come to court to give evidence about what had been said. keywords: assurance; case; court; estoppel; lord; property; rights; thorner cache: dlj-358.pdf plain text: dlj-358.txt item: #270 of 343 id: dlj-359 author: Halladay, John title: Patchett and another v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 date: 2012-11-26 words: 2967 flesch: 62 summary: To have expected to have insurance against the insolvency of SPATA members without reading the details of the insurance policy was unreasonable. CASE COMMENTARY 196 will not inspire website designers to hide away exclusionary language in the remote corners of their sites.15 CONCLUSION Patchett gives a good example of how the courts will approach questions of liability arising from commercial transactions conducted using the Internet. keywords: case; law; lord; members; spata; website cache: dlj-359.pdf plain text: dlj-359.txt item: #271 of 343 id: dlj-360 author: Brennan, Carol title: Re Guardian and News Media Ltd in HM Treasury v Mohammed Jabar Ahmed [2010] UKSC 1 date: 2012-11-26 words: 4968 flesch: 56 summary: Re Guardian and News Media Ltd in HM Treasury v Mohammed Jabar Ahmed [2010] UKSC 1 Carol Brennan∗ INTRODUCTION In this case the newly constituted Supreme Court adjudicated upon anonymity orders granted in respect of the appellants, who had been the subjects of asset-freezing orders imposed under anti-terrorism legislation. FACTS The appellants were five men upon whom the Administrative Court had imposed asset-freezing orders in 2007.1 At the time the court had added anonymity orders, which required that the names of the appellants be replaced with single initials in all reports of the proceedings. keywords: anonymity; article; case; court; justice; orders; para; press; public cache: dlj-360.pdf plain text: dlj-360.txt item: #272 of 343 id: dlj-361 author: Welstead, Mary title: Re P (Surrogacy: Residence) [2008] 1FLR 177 date: 2012-11-26 words: 4546 flesch: 63 summary: She rapidly became pregnant but early on in the pregnancy, Mr P telephoned Mr R and informed him that Mrs P could not complete on the deal because she had miscarried. One health visitor had expressed shock that there was any problem with this ‘lovely’ family who had lots of toys in the house and who had a loving relationship with N. Other experts drew attention to the devastation which would be suffered by N in the immediate future if he were to go to live with Mr and Mrs J, 200 miles away from Mr and Mrs P, the only parents he had ever known. keywords: child; children; mother; mrs; surrogacy cache: dlj-361.pdf plain text: dlj-361.txt item: #273 of 343 id: dlj-362 author: Beloff QC, Michael J title: “A VIEW FROM THE BAR” date: 2012-11-26 words: 11706 flesch: 60 summary: 36 Bar Council Chairman Inaugural Speech: A VIEW FROM THE BAR 14 inconsistent with that confession nor call evidence in support of an alibi or otherwise which he knows to be untrue.61 Subject to that proviso, as again the Bar Council prescribes: “It is the duty of counsel when defending an accused on a criminal charge to present to the court fearlessly and without regard to his personal interests. keywords: act; advocacy; advocate; bar; barristers; case; chambers; client; council; counsel; court; denning; denning law; duty; journal; justice; law; lawyers; lord; profession; rule; services; time; view cache: dlj-362.pdf plain text: dlj-362.txt item: #274 of 343 id: dlj-363 author: Welch, Tim; Meenagh, Martin; M'Boge, Yassim title: WITNESS ANONYMITY AT THE INTERNATIONAL CRIMINAL COURT: DUE PROCESS FOR DEFENDANTS, WITNESSES OR BOTH? date: 2012-11-26 words: 7432 flesch: 55 summary: It will then focus upon the extension of anonymity to witnesses, and shall place those aspects within the international jurisprudence of witness protection generally. THE LEGACY OF THE ICTY AND ICTR Before the ICC came into existence in July 2002, a debate was ongoing on witness protection and the rights of the accused in the international criminal tribunals then in operation in Yugoslavia, Rwanda and Sierra Leone. keywords: anonymity; article; court; evidence; icc; international; law; para; protection; rights; victims; witnesses cache: dlj-363.pdf plain text: dlj-363.txt item: #275 of 343 id: dlj-364 author: Kirby CMG, Michael J title: OF ADVOCATES, DRUNKS AND OTHER PLAYERS: PLAIN TALES FROM AUSTRALIA date: 2012-11-26 words: 8278 flesch: 61 summary: So if the facts are overwhelmingly influential in the outcome of cases of negligence at common law, and if the scope of liability depends on a kind of moral equation, the obvious need in society is to cut the Gordian knot that is 41 [1932] To suggest that in Australia, uniquely, the Bar would be destroyed by removing an anomalous out of court immunity for lawyers portrayed a lack of proper confidence in the survival capacity of the highly talented advocates found at the Australian Bar. keywords: alcohol; australia; case; clr; court; decision; duty; immunity; justice; law; lord; negligence; trial cache: dlj-364.pdf plain text: dlj-364.txt item: #276 of 343 id: dlj-365 author: Scutt, Jocelynne title: POLICE, PROSECUTION, COURTS AND WARTIME DEMONSTRATIONS: ADELA PANKHURST IN THE AUSTRALIAN HIGH COURT date: 2012-11-26 words: 11419 flesch: 57 summary: In Pankhurst v Kiernan,6 the challenged charge was again under federal defence law. Pankhurst v Porter and Pankhurst v Kiernan saw Adela Pankhurst, youngest daughter in the redoubtable Pankhurst family of Suffragette fame, testing the limits of the law during the struggles to ensure that sending wheat abroad to feed the troops would not justify pricing bread out of the reach of ordinary, working-class households. keywords: act; adela pankhurst; bread; court; defence; hca; law; pankhurst; parliament; police; power; property; purpose; war cache: dlj-365.pdf plain text: dlj-365.txt item: #277 of 343 id: dlj-366 author: Pearce, Robert title: PRIVACY, SUPERINJUNCTIONS AND ANONYMITY “SELLING MY STORY WILL SORT MY LIFE OUT” date: 2012-11-26 words: 15603 flesch: 63 summary: [2010] EWHC 2818 at [59]; TSE v News Group Newspapers Ltd [2011] EWHC 1308]. PRIVACY, SUPERINJUNCTIONS AND ANONYMITY 100 for instance images of “a film star ... 89 See TSE v News Group Newspapers Ltd [2011] EWHC 1308; keywords: anonymity; civ; court; echr; ewca; ewhc; group newspapers; information; injunction; interest; law; lord; neuberger; news group; newspapers ltd; privacy; public; report; rights; superinjunctions; v mirror; v news cache: dlj-366.pdf plain text: dlj-366.txt item: #278 of 343 id: dlj-367 author: Sargent, Sarah title: TRAPPED IN LEGAL DISCOURSE: TRANSRACIAL ADOPTION IN THE UNITED STATES AND ENGLAND date: 2012-11-26 words: 13470 flesch: 52 summary: A combination of Critical Race Theory and autopoetic theory is used to show that the intention of transracial adoption laws has never, in fact, been to reduce the number of waiting ethnic minority children—despite the rhetoric that sounds in favour of transracial placements. It has focused on the laws that govern adoption from state child care systems. keywords: act; adoption; adoptive; blind; care; child welfare; children; colour; discourse; ibid; indian; law; race; states; system; theory; united; united states cache: dlj-367.pdf plain text: dlj-367.txt item: #279 of 343 id: dlj-368 author: Grimal, Francis; Melling, Graham title: BRITISH ACTION IN LIBYA 2011: THE LAWFUL PROTECTION OF NATIONALS ABROAD? date: 2012-11-26 words: 5936 flesch: 51 summary: At the end of that month, British military Special Forces troops entered Libya and effected an operation to evacuate British nationals (and other nationals, as it turned out) from Libya. THE PROTECTION OF NATIONALS ABROAD The concept of „protection of nationals abroad‟ has been defined as the use of force by a state to protect its nationals that are under attack, be that actual or threatened, outside of its own territory, without the consent of the state against which force is used or the authorisation of the UN Security Council. keywords: british; defence; force; green; international; law; nationals; protection; self; state cache: dlj-368.pdf plain text: dlj-368.txt item: #280 of 343 id: dlj-369 author: Shearman, Jennifer; Pearce, Robert title: Spread Trustee Company Ltd v Hutcheson date: 2012-11-26 words: 4915 flesch: 54 summary: There was therefore nothing in Guernsey law, prior to legislative change, which prevented the exclusion of liability for gross negligence. The question to be determined as a preliminary issue was whether Guernsey law prohibited the exclusion of liability for gross negligence for breaches of trust arising before February 19th 1991 (being the date the 1990 Amendment Law came into force) and if it did, whether the prohibition applied to breaches arising prior to April 22nd 1989 (being the date the 1989 Law came into force). keywords: court; english; guernsey; law; liability; negligence; trustee cache: dlj-369.pdf plain text: dlj-369.txt item: #281 of 343 id: dlj-370 author: Welstead, Mary title: Re S (Transfer of Residence) [2010] 1 FLR 1785; Re S (a child) (transfer of residence: consent order) [2011] 1 FLR 1789 date: 2012-11-26 words: 4740 flesch: 61 summary: COMMENTARY FAMILIES NEED FATHERS – THE LIMITS TO LITIGATION Re S (Transfer of Residence) [2010] 1 FLR 1785 Re S (a child) (transfer of residence: consent order) [2011] 1 FLR 1789 Mary Welstead  In January 2010, a wholly deserving father was granted a residence order. keywords: child; contact; court; father; flr; residence cache: dlj-370.pdf plain text: dlj-370.txt item: #282 of 343 id: dlj-371 author: Egede, Hephzibah title: A re-appraisal of The Haringey London Borough Council v C (A Child), E and Another date: 2012-11-26 words: 11080 flesch: 48 summary: It explores whether the assault against Mrs E could have been characterised in the finding by the High Court as gender based violence (GBV) and what difference such findings would have made to the protection of involuntarily childless women like Mrs E Accordingly, the commentary deliberates on whether states have a responsibility to investigate and punish such acts under the international human rights instruments that safeguard the rights of women. 43 Beyond these key considerations, this article argues that the Haringey LBC case encapsulates other important, but ignored issues relating to reproductive harm and gender based violence suffered by Mrs E as an involuntarily childless woman. keywords: case; child; commentary; court; court judgment; gender; gender violence; haringey; harm; law; lbc; lbc case; mrs e; rights; state; violence; women cache: dlj-371.pdf plain text: dlj-371.txt item: #283 of 343 id: dlj-372 author: Halladay, John title: Annulment Funding Co Ltd v Cowey and another [2010] EWCA 711 First Plus Financial Group v Hewett [2010] EWCA Civ 312 date: 2012-11-26 words: 3706 flesch: 67 summary: The first ground was that where the defence had relied on the presumption of undue influence it was not open for the judge to find actual undue influence. In E Peel Treital, The Law of Contract (London: Sweet & Maxwell, 12th ed, 2007) p 456, it is noted that while it is acceptable for a party to plead actual undue influence and the presumption of undue influence, it would not be acceptable for a judge to find no actual undue influence, but then use the presumption to find undue influence. keywords: cowlam; cowley; hewett; influence cache: dlj-372.pdf plain text: dlj-372.txt item: #284 of 343 id: dlj-373 author: Gearty, Conor title: ONCE UPON A COUNTRY. A PALESTINIAN LIFE date: 2012-11-26 words: 1142 flesch: 64 summary: This book is at its saddest when a bewildered Nusseibeh recounts the latest example of the deliberate murder by the Israelis of a Palestinian leader with enough status, THE DENNING LAW JOURNAL 241 intelligence and desire to make peace; ‘Don’t they want peace?’, he asks, his narrative having already made clear what the answer is. In the official Israeli version of Palestine Sari Nusseibeh – Rugby, Oxford, Harvard, cultured, peace-loving, courageous, accommodating and literate – should not exist. keywords: book; nusseibeh; peace; sari cache: dlj-373.pdf plain text: dlj-373.txt item: #285 of 343 id: dlj-374 author: Stevens, Irving title: “THE RULE OF LAW” date: 2012-11-26 words: 2729 flesch: 51 summary: Vol 23 pp 242-248 BOOK REVIEW “THE RULE OF LAW” Tom Bingham (Allen Lane, London 2010) 224 pp ISBN 978-1846140907 Irving Stevens∗ Writing this piece, in the aftermath of the worst civil unrest to have afflicted our major cities in a generation, I am struck by how infrequently “the rule of law” has been invoked by those who have spoken out in condemnation of the violence. The receptive reader of Tom Bingham’s incisive essay would, I am sure, share that recognition and, quite possibly, conclude – like Bingham himself – that despite the difficulties described above, the rule of law continues to be “...one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal religion”.1 keywords: bingham; chapter; law; rights; rule cache: dlj-374.pdf plain text: dlj-374.txt item: #286 of 343 id: dlj-375 author: Edwards, Susan title: FOREWORD date: 2012-11-27 words: 1638 flesch: 64 summary: We want to develop the journal in strength and we are particularly grateful to the Denning Law Society chaired by Sir Martin Nourse (who was not able to join us tonight) for offering to us their Annual lecture for publication in the Denning Law Journal. When he joined One Essex Court as an international arbitrator, in 2005 upon retirement after fifteen years as Law Lord it was described as a “coup.” keywords: denning; journal; law; lord cache: dlj-375.pdf plain text: dlj-375.txt item: #287 of 343 id: dlj-376 author: Hollington QC, Robin title: OPPRESSION OF MINORITY SHAREHOLDERS- REFLECTIONS ON BLISSET v DANIEL date: 2012-11-27 words: 10899 flesch: 56 summary: So, it is clear that, notwithstanding the dicta of Foster J in Clemens v Clemens,56 the application of equitable partnership principles to companies was not something that equity managed on its own but was something that 51 Re Wondoflex Textiles Pty Ltd THE DENNING LAW JOURNAL 7 First it is desirable to make some general remarks about the rights of minority shareholders. keywords: case; company; law; lord; lord hoffmann; lord wilberforce; majority; minority; minority shareholders; partnership; principles; shareholders cache: dlj-376.pdf plain text: dlj-376.txt item: #288 of 343 id: dlj-377 author: Slater, James title: CAPACITY, MORAL RESPONSIBILITY AND THE CRIMINAL LAW date: 2012-11-27 words: 17303 flesch: 46 summary: Excuses are not available to such agents. For such agents, the problem is not the fundamental incapacity for intelligible action that Gardner describes, but acute difficulties in controlling behaviour in accordance with better judgment. keywords: agent; anger; capacity theory; control; control theory; criminal; defence; excuse; law; provocation; reasons; responsibility; self; shallow; wrongdoing cache: dlj-377.pdf plain text: dlj-377.txt item: #289 of 343 id: dlj-378 author: Bray, Richard title: BECKFORD AND BEYOND. SOME DEVELOPMENTS IN THE DOCTRINE OF ABUSE OF PROCESS date: 2012-11-27 words: 6923 flesch: 62 summary: The leading cases almost always re-iterate the principle that such a power should very rarely be exercised.1 Despite such dicta there has been an inexorable rise in the number of cases in which the courts have intervened on the basis of abuse of process, and distinct categories of abuse cases have developed. [2005] EWCA 1089 (police fix bugging devices in a police station to record private interviews between defendants and their solicitors), R v Marshall and others, Leicester Crown Court Nov 2005 unreported, (police officer acts as lorry driver importing heroin for drugs gang). keywords: abuse; case; court; defendant; evidence; police; prosecution; r v cache: dlj-378.pdf plain text: dlj-378.txt item: #290 of 343 id: dlj-379 author: Colston, Catherine title: PROTECTING DATABASES – A CALL FOR REGULATION date: 2012-11-27 words: 15225 flesch: 40 summary: He argues that the US approach to database protection is consistent with this criticism. This apart, the infringing acts are given a wide interpretation; with the result that, if the first narrow interpretation can be avoided by careful corporate structuring, database protection continues to plague the flow of information. keywords: 16th; access; copyright; court; creation; database; database directive; database protection; database right; ecj; european; generis; information; intellectual; investment; january; january 16th; law; property; protection; public; right; sui; use cache: dlj-379.pdf plain text: dlj-379.txt item: #291 of 343 id: dlj-380 author: Conway, Gerard title: THE COUNCIL OF EUROPE AS A NORMATIVE BACKDROP TO POTENTIAL EUROPEAN INTEGRATION IN THE SPHERE OF CRIMINAL LAW date: 2012-11-27 words: 12028 flesch: 38 summary: On this point in the context of criminal law cooperation, see, eg Advocate General Henri Mayras in Case 45/69, Boehringer v. Commission [1972] ECR 1281, at 1296; G J M Corstens, ‘Criminal Law in the First Pillar?’ (2003) 11 European Journal of Crime, Criminal Law and Criminal Justice 131 at 131; Vervaele, above n 1 pp 2-3. 5 At Maastricht (1992), the Third Pillar originally related to two main areas – police and criminal law cooperation and asylum, visa and immigration matters. Nonetheless, the importance of the United Kingdom20 both politically and as the originator of the common law system has resulted in the common law-civil law divide being of central importance in the context of criminal law cooperation within the EU. keywords: article; cooperation; council; court; criminal; detention; ets; european; european convention; european court; evidence; extradition; human; law; law journal; matters; ratifications; rights; state cache: dlj-380.pdf plain text: dlj-380.txt item: #292 of 343 id: dlj-381 author: Flanagan, Brian title: SCALIA, HAMDAN AND THE PRINCIPLES OF SUBJECT MATTER RECUSAL date: 2012-11-27 words: 10454 flesch: 49 summary: The issue of judicial impartiality was placed in sharp relief by the recent controversy surrounding US Supreme Court Justice Antonin Scalia’s extrajudicial commentary on legal questions relating to a then pending Supreme Court case, Hamdan v Rumsfeld.4 In relation to capital punishment, one US Supreme Court Justice went so far as to declare in a dissent that, “[f]rom this day forward, I no longer shall tinker with the machinery of death. keywords: case; circumstances; court; decision; hamdan; judge; justice; justice scalia; law; matter; open; recusal; scalia; subject; supreme; supreme court cache: dlj-381.pdf plain text: dlj-381.txt item: #293 of 343 id: dlj-382 author: Goldby, Miriam title: INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS date: 2012-11-27 words: 4551 flesch: 49 summary: Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, they are rarely found in bills of lading.”1 This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. keywords: arbitration clause; bill; charterparty; charterparty arbitration; incorporation; incorporation clause; lading; terms cache: dlj-382.pdf plain text: dlj-382.txt item: #294 of 343 id: dlj-383 author: Welch, Timothy title: THE PROHIBITION OF THE MUSLIM HEADSCARF: CONTRASTING INTERNATIONAL APPROACHES IN POLICY AND LAW date: 2012-11-27 words: 15775 flesch: 53 summary: For example, integration, religious freedom, secularity and health and safety are all debated in respect of the Muslim headscarf. For example in the UK integration has been highlighted in the recent debates, but in the US the concerns rest with the concept of religious freedom, per se. keywords: approaches; article; ban; court; france; freedom; french; headscarf; human; ibid; islamic; journal; law; muslim; muslim headscarf; prohibition; public; religion; rights; school; state; turkey; veil; wearing; women cache: dlj-383.pdf plain text: dlj-383.txt item: #295 of 343 id: dlj-384 author: Ziebart, David title: JEHOVAH’S WITNESSES – MEDICAL CARE, MINORS AND THE RELIGIOUS RITE/RIGHT date: 2012-11-27 words: 12504 flesch: 57 summary: JEHOVAH’S WITNESSES – MEDICAL CARE, MINORS AND THE RELIGIOUS RIGHTS 242 where the Supreme Court of Illinois decided that a 17 year old minor had a sufficient level of maturity and understanding to refuse blood based treatment. Under these circumstances, the duty of the court was felt to be to do all that could be done to offer S a chance of a medical remedy and provide the appropriate consent for such medical treatment endorsing the use of blood. keywords: blood; child; competent; consent; court; decision; ibid; jehovah; law; medical; minor; parents; patient; refusal; right; treatment; witnesses cache: dlj-384.pdf plain text: dlj-384.txt item: #296 of 343 id: dlj-385 author: Scutt, Jocelynne title: Charkaoui v Canada (Citizenship and Immigration), 2007 SCC 9 (23 February 2007), Docket 30762, 30929, 31178 date: 2012-11-27 words: 2407 flesch: 45 summary: The Court held that automatic detention of foreign nationals was not arbitrary on the ground of its being effected without regard to the personal circumstances of the detainee: “Detention is not arbitrary where there are ‘standards that are rationally related to the purpose of the power of detention’ … ”8 McLachlan questioned why drafters of the Act “did not provide for special counsel to objectively review the material with a view to protecting the named person’s interests,” pointing out that this was formerly done for review of security certificates and is presently done in the United Kingdom: “The special counsel system may not be perfect from the named person’s perspective, given that special counsel cannot reveal confidential material. keywords: certificate; charter; court; detention; person cache: dlj-385.pdf plain text: dlj-385.txt item: #297 of 343 id: dlj-386 author: Welstead, Mary title: Re SA (Vulnerable Adult with Capacity: Marriage) ([2006] 1 FLR 867) date: 2012-11-27 words: 4497 flesch: 50 summary: The decision shows a respect and support for arranged marriages where they are an important part of cultural expectations, whilst at the same time taking a strong stance against forced marriages. The inherent jurisdiction is clearly, at least theoretically, a useful, yet perhaps underused tool, within the panoply of solutions which have been proposed to help eliminate forced marriages (see http://www.fco.gov.uk). keywords: adult; capacity; jurisdiction; marriage cache: dlj-386.pdf plain text: dlj-386.txt item: #298 of 343 id: dlj-387 author: Edwards, Susan title: Fornah v Secretary of State for the Home Department, House of Lords [2006] UKHL 46, [2006] 3 FCR 381, [2007] 1 All ER 671 date: 2012-11-27 words: 3101 flesch: 55 summary: Lord Bingham concluded, as did Lord Hope of Craighead that gender per sé fell within the definition of ‘particular social group.’ If, however, that wider social group were thought to fall outside the established jurisprudence, a view I do not share, I would accept the alternative and less favoured definition advanced by the second appellant and the UNHCR of the particular social group to which the second appellant belonged: intact women in Sierra Leone. keywords: court; group; lord; persecution; sierra; social; women cache: dlj-387.pdf plain text: dlj-387.txt item: #299 of 343 id: dlj-388 author: de Mink, Jason title: LAWLESS WORLD: MAKING AND BREAKING GLOBAL RULES date: 2012-11-27 words: 4576 flesch: 57 summary: In introducing his subject, Professor Sands has elected not to lead off with the headline-grabbing chapters of the Iraq War (Chapter 8) and Guantanamo Bay (Chapter 7: Guantanamo: The Legal Black Hole) but chooses first to familiarise the reader with the history of international law, illustrates historical developments in this area (Chapter 1: International Law: A Short and Recent History) and sets out the role international law will continue to play in the future in areas including for example environment (Chapter 4: Global Warming: Throwing Precaution to the Wind ) and terrorism (Chapter 9). This being the first book that I have ever read dedicated exclusively to international law, I was not certain what to expect. keywords: book; chapter; court; headscarf; hijab; international; law; mcgoldrick; professor; sands cache: dlj-388.pdf plain text: dlj-388.txt item: #300 of 343 id: dlj-389 author: Cox, Noel title: THE GRADUAL CURTAILMENT OF THE ROYAL PREROGATIVE date: 2012-11-27 words: 8411 flesch: 52 summary: The royal prerogative is the residue of royal power which derives from the ancient rights, privileges and powers of the Sovereign, including the prerogative of mercy, political prerogatives such as declaring war or peace, and financial prerogatives such as bona vacantia. Harris, in a recent article, argues for the eventual replacement of surviving royal prerogatives in New Zealand with statutory authority. keywords: authority; constitution; crown; executive; government; king; law; legitimacy; new; parliament; powers; prerogative; review; royal; royal prerogative; state cache: dlj-389.pdf plain text: dlj-389.txt item: #301 of 343 id: dlj-390 author: Welstead, Mary title: DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM date: 2012-11-27 words: 7229 flesch: 62 summary: The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). 1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. keywords: divorce; law; marriage; petitioner; relationship; respondent; spouses; time cache: dlj-390.pdf plain text: dlj-390.txt item: #302 of 343 id: dlj-391 author: Philips, Edward title: THE LIBYAN INTERVENTION: LEGITIMACY AND THE CHALLENGES OF THE ‘RESPONSIBILITY TO PROTECT’ DOCTRINE date: 2012-11-27 words: 10082 flesch: 48 summary: It would be too simplistic to argue that as the Security Council had authorised intervention, ergo, military intervention was legitimate. The assumption must be that military intervention was authorised under Chapter VII of the UN Charter (“Action with respect to threats to the peace, breaches of the peace and acts of aggression”). keywords: arab; committee; council; force; intervention; law; libya; military; nato; new; press; qaddafi; resolution; security; security council; spring; states; united; university cache: dlj-391.pdf plain text: dlj-391.txt item: #303 of 343 id: dlj-392 author: Hatchard, John title: COMBATING CORRUPTION: SOME REFLECTIONS ON THE USE OF THE OFFENCE AND THE TORT OF MISCONDUCT/MISFEASANCE IN A PUBLIC OFFICE date: 2012-11-27 words: 10595 flesch: 58 summary: The Tort of Misfeasance as an Alternative, or in Addition, to the Criminal Offence of Misconduct in Public Office As in the Marin & Coye case itself, allegations of corrupt practices or abuse of power against public officials will always raise the prospect of a criminal prosecution for misconduct in public office (or some other offence) and this point was accepted by all members of the CCJ. Yet whilst an important milestone, the Bribery Act did not repeal the common law offence of misconduct in a public office 4 nor, of course, did it impact on the tort of misfeasance in public office. keywords: case; corruption; court; criminal; law; misconduct; misfeasance; offence; office; para; public; r v; state; tort cache: dlj-392.pdf plain text: dlj-392.txt item: #304 of 343 id: dlj-393 author: Watt, bob title: TO EVERY THING THERE IS A SEASON AND A TIME TO EVERY PURPOSE UNDER THE HEAVEN – A TIME TO BE BORN AND A TIME TO DIE. NATURAL LAW, EMOTION AND THE RIGHT TO DIE date: 2012-11-27 words: 13177 flesch: 64 summary: Such is the nature of human life. The President averted to this fact when she said at paragraph 100 viii) that if the doctors concerned in the procedure to end Ms B‟s life had objections to it that it was the duty of the hospital to find other doctors. keywords: act; action; argument; case; death; emotion; human; john; law; life; love; norm; people; person; point; reason; right; way cache: dlj-393.pdf plain text: dlj-393.txt item: #305 of 343 id: dlj-394 author: Sargent, Sarah; Melling, Graham title: INDIGENOUS SELF-DETERMINATION: THE ROOT OF STATE RESISTANCE date: 2012-11-27 words: 8727 flesch: 43 summary: A move of indigenous rights from domestic to international rights threatens to displace states from a position of unchallenged control over indigenous groups and individuals within their borders. Accommodation by states, however, of indigenous rights means a reformulation of state identity away from modern Jacobin liberalism – something states view as deeply threatening. keywords: declaration; determination; groups; international; law; norm; peoples; resistance; rights; self; state cache: dlj-394.pdf plain text: dlj-394.txt item: #306 of 343 id: dlj-395 author: Edwards, Susan title: R v A [2012] EWCA Crim 434 date: 2012-11-27 words: 5414 flesch: 57 summary: With regard to the CPS, the DPP has stated that since 2001 clear guidance had been issued to prosecutors on prosecuting domestic violence cases and that during 2005- 2008, there was a ―huge training exercise training all of our prosecutors on domestic violence.‖ 12 18 16 Case attrition in domestic violence case is much researched. keywords: appeal; case; course; court; criminal; justice; perverting; rape; sentence; violence cache: dlj-395.pdf plain text: dlj-395.txt item: #307 of 343 id: dlj-396 author: Slater, James title: R v Clinton and others date: 2012-11-27 words: 6809 flesch: 48 summary: Section 55(4) of the Act states that a qualifying trigger is: “...a thing or things done or said (or both) which— (a) constituted circumstances of an extremely grave character, and (b) caused [the Defendant] to have a justifiable sense of being seriously wronged.” 12 At trial Judge Smith, before addressing her mind to the potential presence of this trigger, excluded all the evidence relating to sexual infidelity in the name of s 55(6)(c) of the Act, which states: “In determining whether a loss of self-control had a qualifying trigger— (c) the fact that a thing done or said constituted sexual infidelity is to be disregarded.” As will be discussed in greater detail below, s 55(6)(c) is targeting a possessive and controlling attitude to sexual partners, and such an attitude is triggered as much by verbal references to sexual infidelity as it is by knowledge of acts of sexual infidelity. keywords: clinton; control; infidelity; judge; loss; qualifying; self; trigger cache: dlj-396.pdf plain text: dlj-396.txt item: #308 of 343 id: dlj-397 author: Ioannidis, Gregory title: BOA v WADA: Harmonisation v Self-Regulation date: 2012-11-27 words: 2998 flesch: 52 summary: THE PARTIES’ MERITS AND THEIR SUBMISSIONS The BOA, in an attempt to persuade the Panel, produced several submissions regarding the interpretation of WADA Code, the interpretation of its own bylaw under appeal, as well as a distinction between the BOA and other sporting governing bodies, such as the International Olympic Committee, in terms of creating rules and regulations. The core issue to be determined here is whether BOA may pursue that policy on its own or whether that policy must be pursued, if it all, through the world-harmonised WADA Code.” keywords: boa; bylaw; code; doping; wada cache: dlj-397.pdf plain text: dlj-397.txt item: #309 of 343 id: dlj-398 author: Bray, Judith title: K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793 date: 2012-11-27 words: 5703 flesch: 62 summary: Speaking before a committee at the House of Representatives in Australia, Diana Bryant stated: “Relocation cases are the hardest cases that the court does... when a relocation case falls to be determined, all of the facts need to be considered...” 36 COMMENTARY K v K is an important case on the development of the principles on which the courts act in relocation cases. keywords: case; child; children; court; mother; parent; payne; relocation cache: dlj-398.pdf plain text: dlj-398.txt item: #310 of 343 id: dlj-399 author: Pearce, Robert; Shearman, Jennifer title: Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (in Administration) Court of Appeal [2011] EWCA Civ 347 date: 2012-11-27 words: 6702 flesch: 57 summary: [2012] EWHC 10 where Stephen Morris QC, sitting as a deputy High Court Judge, allowed proprietary claims to succeed in respect of misappropriated European Union Allowances (tradeable carbon emission allowances). Great care has to be taken in limiting the bounds of proprietary claims within proper limits lest there be an unfair impact upon the creditors. keywords: bribe; case; claim; court; fiduciary; funds; lord; property; versailles cache: dlj-399.pdf plain text: dlj-399.txt item: #311 of 343 id: dlj-588 author: Edwards, Susan title: Editorial Introduction date: 2013-10-11 words: 490 flesch: 68 summary: He also recognised the importance of:- developing the common law the need for judicial and community recognition of the urgency of reform and modernisation of law the need to preserve the traditions of judicial independence, integrity and creativity reflecting upon the interplay between law and morality the role to be played by the law in the defence of the individual in the modern state. http://www.denninglawjournal.com/ THE DENNING LAW JOURNAL ii As Lord Denning said, “If we never do anything which has not been done before, we shall never get anywhere. keywords: denning; law cache: dlj-588.pdf plain text: dlj-588.txt item: #312 of 343 id: dlj-622 author: Dyer, Karen title: LESSONS FROM GERMANY: SHOULD UK LEGISLATION CIRCUMNAVIGATE OR CIRCUMVENT THE ISSUE OF MALE CIRCUMCISION? date: 2013-10-11 words: 6377 flesch: 55 summary: However, despite the reduction of NHS funding, the numbers undergoing such ritual circumcision appear to be in the region of 30,000 annually. Although prosecution is unusual, a recent American study indicates that something in the region of 117 neonatal circumcision-related deaths occur annually in the United States- approximately 1.3% of all neonatal deaths per annum. 12 With the reduction of the number of routine circumcisions being performed, (partly as a response to an increasing awareness of these statistics), recent debates have shifted to consider the use of ritual circumcisions. keywords: case; child; circumcision; cologne; consent; court; death; german; law; medical; parents; procedure cache: dlj-622.pdf plain text: dlj-622.txt item: #313 of 343 id: dlj-623 author: Cornford, Tom title: THE PUBLIC LAW DIMENSION OF PUBLIC AUTHORITY LIABILITY date: 2013-10-11 words: 14390 flesch: 51 summary: But the paper from which it is drawn is a critique of the Law Commission‟s 2004 consultation paper on public authority liability (Monetary Remedies in Public Law) in which Bagshaw castigates the Commission for supposing that there is some general deficiency in the system of remedies available in public law or in the relationship between public authorities and tort law. It may be that the best solution to the problems of public authority liability is to create a completely separate and parallel monetary remedy in public law. keywords: act; argument; authorities; authority; authority liability; case; duties; duty; harm; law; law dimension; law duty; liability; negligence; public; tort law cache: dlj-623.pdf plain text: dlj-623.txt item: #314 of 343 id: dlj-744 author: Zhang, Xiaoyang title: PROTECTING PRIVATE PROPERTY IN CHINA - WHOSE PROPERTY? date: 2013-09-26 words: 9853 flesch: 43 summary: By the Constitution 1954, protection would be given to a variety of private property right, including individual peasants‟ private land ownership right, 37 individual peasants and other individual labourers‟ right of private ownership over their means of production, 38 individual capitalists‟ right of private ownership over their means of production and capital, 39 private individuals‟ right over their lawful incomes, savings, houses, etc, 40 as well as private individuals‟ succession right to private property. 41 However, the said protection ought not to be construed as tantamount to encouraging the development of private ownership economy. keywords: art; china; chinese; constitution; economy; enterprises; ibid; law; new; ownership; para; people‟s; property; public; revolution; socialist; state; system; time cache: dlj-744.pdf plain text: dlj-744.txt item: #315 of 343 id: dlj-745 author: Welstead, Mary title: THE BRAVE NEW TERRITORY OF GAY PARENTING date: 2013-09-27 words: 5722 flesch: 59 summary: if agreements between gay couples and prospective biological fathers, who were known to them, were to be ignored by the courts, they would be forced to abandon using such men as a means of safe procreation;  agreements made between biological fathers known to lesbian mothers should not only be respected but should rank alongside a child‟s welfare in the determination of parental contact disputes. [2006] 1FCR 556; Re B (role of biological father) keywords: children; contact; family; father; mothers; relationship cache: dlj-745.pdf plain text: dlj-745.txt item: #316 of 343 id: dlj-747 author: Martin-Ortega, Olga; Wallace, Rebecca M M title: BUSINESS, HUMAN RIGHTS AND CHILDREN: THE DEVELOPING INTERNATIONAL AGENDA date: 2013-09-26 words: 9645 flesch: 36 summary: THE DENNING LAW JOURNAL 113 Committee held a Day of General Discussion 27 on the theme of “the private sector as service provider and its role in implementing child rights.” However, in contrast to the CRB Principles, the Committee does not define what should be understood as child rights due diligence and whether it differs from general human rights due diligence processes. keywords: business; children; children‟s rights; committee; general; human; impact; international; principles; respect; rights; states cache: dlj-747.pdf plain text: dlj-747.txt item: #317 of 343 id: dlj-748 author: Crawford, Christopher John title: Dialogue and declarations of incompatibility under section 4 of the Human Rights Act 1998 date: 2013-09-26 words: 20146 flesch: 55 summary: LQR 600, 621; Keir Starmer ‗Two years of the Human Rights Act‘ [2003] EHRLR 14, 18; Clayton (n 2) 42-45; Bharat Malkani ‗Human rights treaties in the English legal system‘ [2011] Gentleman makes a point about the application of the Human Rights Act and the European convention on human rights and about Parliament having the final decision about what should happen. keywords: appeal; article; col; convention; court; deb; decision; declaration; dialogue; government; health act; home; home secretary; human; incompatibility; judgment; law; lords; parliament; rights act; secretary; section; state; vol cache: dlj-748.pdf plain text: dlj-748.txt item: #318 of 343 id: dlj-775 author: Judd, Keziah; Easteal, Patricia title: MEDIA REPORTAGE OF SEXUAL HARASSMENT: THE (IN)CREDIBLE COMPLAINANT date: 2013-09-26 words: 6720 flesch: 49 summary: Referring to the ―alleged‖ victim immediately casts the foundation of her claim into doubt; well she might be a victim, or she might be putting the whole thing on.‖ 13 Identifying the Ties In the following paper we look at the style of writing in the reporting of a selection of Australian sexual harassment cases. Sordid details of $37 million DJs sex claim‘ The Sydney Morning Herald (Sydney, 3 August 2010) 1, 6; Andrew Hornery, ‗From lawsuit to swimsuit, DJs dodges ‗M‘ word‘ The Sydney Morning Herald (Sydney, 4 August 2010) 1-2; Janet Fife-Yeomans, ‗Inside Australia‘s biggest harassment case $37m SEX SUIT‘ The Daily Telegraph (Sydney, 3 August 2010) 1-3; Nick Tabakoff, ‗DJs to set up bully hotline‘ The Daily Telegraph (Sydney, 7 August 2010) 1-2 and the front page teaser headline ‗New DJs revelation: $37m battle turns nasty, page 3‘ The Daily Telegraph (Sydney, 8 August 2010) 1. 30 Houston (n 25) 1. MEDIA REPORTAGE OF SEXUAL HARASSMENT 8 26 articles in The Sydney Morning Herald, and 24 articles in The Daily Telegraph. keywords: article; case; claim; complainant; coverage; credibility; harassment; herald; ibid; law; media; sun; sydney; telegraph cache: dlj-775.pdf plain text: dlj-775.txt item: #319 of 343 id: dlj-776 author: Fitzgerald QC, Edward title: RECENT HUMAN RIGHTS DEVELOPMENTS IN EXTRADITION LAW & RELATED IMMIGRATION LAW date: 2013-09-26 words: 5877 flesch: 53 summary: The test in extradition cases Harkins & Edwards v UK 6 is important for clarifying that the Article 3 test is the same for both extradition and deportation cases, namely the existence of substantial grounds for believing that there is a real risk of torture or ill-treatment: “The Court therefore concludes that the Chahal 7 ruling (as reaffirmed in Saadi 8 ) should be regarded as applying equally to extradition and other types of removal from the territory of a contracting state and should apply without distinction between the various forms of ill- treatment which are prevented by Article 3.” 9 This was a significant rejection of the „relativist‟ approach to Article 3 protection advocated for extradition cases by Lord Hoffman in Wellington. 10 Here, Lord Hoffman had reasoned that protection from ill-treatment was a relative concept and that the public interest in upholding extradition arrangements and avoiding impunity somehow justified a „higher threshold‟ in order to find a violation of Article 3 in extradition cases. keywords: article; case; court; evidence; extradition; law; para; risk; state cache: dlj-776.pdf plain text: dlj-776.txt item: #320 of 343 id: dlj-777 author: Lee, Simon title: LORD DENNING AND MARGARET THATCHER, LAW AND SOCIETY date: 2013-09-26 words: 10243 flesch: 58 summary: Alan Milburn, the former Labour MP and now the independent reviewer of social mobility appointed by the Conservative and Liberal Democrat coalition government, concluded in his 2012 report that ―Across the professions as a whole, the glass ceiling has been scratched but not broken.‖ 88 At the end of the nineteenth century, Tom Denning was born over a draper‘s shop but went on to become Lord Denning, Master of the Rolls. Both became barristers after first 2 http://www.theguardian.com/politics/2013/apr/10/margaret-thatcher-tributes-david- cameron-speech 3 I am conscious that the title of the lecture and now the article gives Tom Denning his title of Lord but renders Baroness Thatcher as Margaret. keywords: baroness; case; conservative; denning; denning‘s; ibid; judges; later; law; lord; lord denning; margaret; margaret thatcher; society; students; thatcher; thing; tom; way cache: dlj-777.pdf plain text: dlj-777.txt item: #321 of 343 id: dlj-778 author: Scott of Foscote, The Rt Hon Lord title: FREE COUNTRY date: 2013-09-27 words: 2150 flesch: 58 summary: It was an honour and privilege to have received this invitation, my only qualification for which is that besides, like Sir Sydney, having had a career as a lawyer in England, I like him, was educated and brought up in South Africa and, when I came to England, did so on a South African passport. Sir Sydney became in 2009 an honorary LLD of the University of Buckingham, an addition to the seven or eight honorary degrees that he already held from Universities in England, South Africa and elsewhere in the world. keywords: africa; country; law; south; sydney cache: dlj-778.pdf plain text: dlj-778.txt item: #322 of 343 id: dlj-780 author: Slinn, Peter title: THREATS OF FORCE: INTERNATIONAL LAW AND STRATEGY date: 2013-09-27 words: 655 flesch: 42 summary: In deconstructing article 2(4), Dr Grimal draws attention to the use of the word ‘refrain’, rather curiously observing that ‘refrain’ is not the strongest adjective (sic). Dr Grimal proceeds to consider what can be gleaned from the jurisprudence of international and national courts and tribunals and the interpretation offered in the practice of United Nations organs. keywords: force cache: dlj-780.pdf plain text: dlj-780.txt item: #323 of 343 id: dlj-781 author: Brennan, Carol title: FEMINIST PERSPECTIVES ON TORT LAW date: 2013-09-27 words: 3639 flesch: 46 summary: Price £80.00 hb Carol Brennan Because it is the area of civil law with a distinctly human face, students often initially find tort law accessible; sometimes deceptively so. While tort law is founded on the assumption of the separateness of individuals, ‘all living things are embedded and interwoven into larger webs of being’ (p 55), never more so than in the process of reproduction. keywords: feminist; harm; law; negligence; richardson; system; tort; women cache: dlj-781.pdf plain text: dlj-781.txt item: #324 of 343 id: dlj-782 author: Bullock, Suzanne title: PROSECUTING PRESIDENT AL BASHIR, AND THE SHORT ARM OF JUSTICE date: 2013-09-27 words: 5789 flesch: 44 summary: Akande sums up the situations in which international immunities may be ignored before international courts or tribunals as “(1) ... As Akande points out, whether an official is permitted to rely on international law immunities “to avoid prosecutions by international tribunals depends on the nature of the tribunal: how it was established and whether the State of the official sought to be tried is bound by the instrument establishing the tribunal.” keywords: chamber; court; icc; immunity; law; rome; state; statute cache: dlj-782.pdf plain text: dlj-782.txt item: #325 of 343 id: dlj-783 author: Colebrook, Miguel title: ‘GET OUT OF JAIL FREE’ CARD: THE COURTS’ OFFER OF ASSISTANCE TO ERRANT TRUSTEES date: 2013-09-27 words: 5588 flesch: 57 summary: First, if trustees act outside trust power their actions are void. CASE COMMENTARY 222 “The court cannot decide the issue of what is unconscionable by an elaborate set of rules. keywords: bass; court; hastings; mistake; rule; transaction; trustees cache: dlj-783.pdf plain text: dlj-783.txt item: #326 of 343 id: dlj-785 author: Alcock, Alistair title: PIERCING THE VEIL – A DODO OF A DOCTRINE? date: 2013-10-11 words: 5072 flesch: 65 summary: 22 These judges relied on the words, albeit obiter, of Cummings-Bruce and Dillon LJJ in Nicholas v Nicholas, 23 where they suggested that the only reason that they had not pierced the corporate veil to allow company property to be transferred for ancillary relief was because the company, although controlled by the husband, had independent minority shareholders who would be adversely affected. This was not appealed, but Moylan J went on to hold that seven other properties held by other companies be likewise transferred to support lump sum and periodical payments. keywords: company; doctrine; lord; para; veil; wlr cache: dlj-785.pdf plain text: dlj-785.txt item: #327 of 343 id: dlj-877 author: Morina, Visar title: THE LEGISLATIVE VETO FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION date: 2014-09-24 words: 12039 flesch: 36 summary: To some scholars, the * Prof. Dr. Visar Morina is a lecturer of constitutional law at the University of Prishtina in Kosovo and member of the Steering Committee of the Kosovo Chamber of Advocates. [2011] International journal of constitutional law 274. keywords: article; assembly; constitution president; court; kosovo constitution; law; law journal; laws; legislation; para; powers; president; review; veto cache: dlj-877.pdf plain text: dlj-877.txt item: #328 of 343 id: dlj-925 author: Kirby CMG, Michael J title: HUMAN RIGHTS AND MEDIA: THE EXPERIENCE OF THE COMMISSION OF INQUIRY ON NORTH KOREA date: 2014-09-24 words: 7360 flesch: 46 summary: These contained clarifications of the mandate of the COI, expressed in language that could be picked up and used in media reports. The widespread coverage of the successive stages of engagement of the COI on DPRK with news media was commented upon in many places, including in observations by senior officers of OHCHR.5 ∗ Follow up and Assessment: keywords: coi; dprk; human; korea; mandate; media; nations; news; report; rights; united; work cache: dlj-925.pdf plain text: dlj-925.txt item: #329 of 343 id: dlj-926 author: Sinnamon, Tim title: CONSUMER CAPTURE AND THE LEGAL SERVICES ACT 2007 date: 2014-09-24 words: 20790 flesch: 34 summary: In comparison, the citizen interest may be defined as the interest of the individual in his or her capacity as a member of society and the public interest as the interest or good of society as a whole.89 In connection with the consumer interest, this has led scholars to note: “in a general sense one can define consumer interests in the market as related to four market characteristics of price, service, quality and choice.”90 One of the most outspoken critics of the LSB’s approach has been Baroness Ruth Deech, who, as it happens, has for the last 5 years been Chairwoman of the Bar Standards Board: “The Board may also wish to note the level of commentary about the LSB’s relentless focus on consumer interests. keywords: act; august; consumer capture; consumer interest; decision; evidence; failure; fees; ibid; journal; july; law; legal; lsa; lsb; lscp; market; paper; public; referral; regulation; regulatory; research; services; services board; services consumer; services market; services regulation; society cache: dlj-926.pdf plain text: dlj-926.txt item: #330 of 343 id: dlj-927 author: Pettit, P H title: DAEJAN INVESTMENTS LTD V BENSON [2013] UKSC 14, [2013] 1 WLR 854, [2013] 2 ALL ER 375 date: 2014-09-25 words: 3999 flesch: 47 summary: In his view it was held to follow, as noted above, that normally the sole question for the LVT when considering whether it was reasonable to dispense with consultation requirements was the real prejudice flowing from the landlord’s breach of the requirements. The overall result would be, (a) the power to dispense with the requirements would be exercised in a proportionate way consistent with their purpose; (b) a fair balance between (i) ensuring that the tenants do not receive a windfall because the power is exercised too sparingly and (ii) ensuring that landlords are not 209 CASE COMMENTARY cavalier, or worse, about adhering to the requirements because the power is exercised too loosely. keywords: dispensation; landlord; lvt; requirements; tenants cache: dlj-927.pdf plain text: dlj-927.txt item: #331 of 343 id: dlj-928 author: Alcock, Alistair title: IS IT TIME TO KILL OFF HAMPSHIRE LAND? date: 2014-09-25 words: 7958 flesch: 63 summary: One possibility is that the court may come to the conclusion that the rule was not intended to apply to companies at all; for example, a law which created an offence for which the only penalty was community service. But there will be many cases in which neither of these solutions is satisfactory; in which the court considers that the law was intended to apply to companies and that, although it excludes ordinary vicarious liability, insistence on the primary rules of attribution would in practice defeat that intention. keywords: attribution; case; company; hampshire; hampshire land; justice; knowledge; land; law; lord; lord justice; victim cache: dlj-928.pdf plain text: dlj-928.txt item: #332 of 343 id: dlj-929 author: Watt, bob title: THE STORY OF RAPE: WRONGDOING AND THE EMOTIONAL IMAGINATION date: 2014-09-25 words: 7603 flesch: 61 summary: We are “reaching out to” or “becoming part of” the community of rape victims or lovemakers through exercising our empathy or emotional imagination – to use Heinlein’s ugly neologism for something which is well-understood by us as humans - “grokking”. Thus a fictional, at two removes, account of rape has the potential to raise strong emotional reactions even where actual penetration is shown, the horrible effect can be intensified by the emotional setting. keywords: emotion; gardner; john; love; mary; person; point; rape; reason; stories; story; use; wrongness cache: dlj-929.pdf plain text: dlj-929.txt item: #333 of 343 id: dlj-930 author: Pratt, Natalie title: THE SETTING OF THE SUN ON THE VILLAGE GREEN ERA? date: 2014-09-25 words: 4669 flesch: 58 summary: [48] (Lord Walker); see also Rowena Meager, “The ‘village green industry’: back in business” (2010) 69(2) CLJ 238. 244 THE DENNING LAW JOURNAL afforded to local authority land post Barkas, coupled with the recent amendments to the Commons Registration Act 2006 by the Growth and Infrastructure Act 2013, clearly tips the balance in favour of the development of land and the economic aim of sustainable development.38 38 Similar arguments are made in light of the decision in Adamson and others v Paddico (267) Limited [2014] UKSC 7, [2014] 2 WLR 300 see Natalie Pratt, “The application of the equitable doctrine of laches to the rectification of the town and village green register” Such an assertion also unsettles an ingrained tradition of English law that spans back as far as Bracton29 and Coke.30 Publically Owned Land It is clear that the possibility of registering local authority land as a village green has dramatically diminished with the acknowledgement that use pursuant to a statutory right will not amount to use “as of right”. keywords: act; barkas; green; land; lord; right; use; village cache: dlj-930.pdf plain text: dlj-930.txt item: #334 of 343 id: dlj-931 author: Edwards, Susan title: NO BURQAS WE’RE FRENCH! THE WIDE MARGIN OF APPRECIATION AND THE ECtHR BURQA RULING date: 2014-09-25 words: 6034 flesch: 54 summary: She was brought before the Tribunal de Grande Instance (Court of First instance for civil and criminal matters) and sentenced to a 15 day citizenship course.5 She appealed the decision, to the Cour de Cassation in pursuance of exhausting domestic remedies (a requirement of Art 35(1) of the ECHR). The ECtHR did not agree and held the application to be admissible since there was no evidence leading the Court to draw the conclusion that, the applicants conduct, had hindered the proper functioning of the Court. keywords: application; article; burqa; case; convention; court; french; law; public; right; women cache: dlj-931.pdf plain text: dlj-931.txt item: #335 of 343 id: dlj-932 author: Bray, Judith title: THE EFFECT OF ‘FAIRNESS’ ON PRE-NUPTIAL AGREEMENTS date: 2014-09-25 words: 5688 flesch: 63 summary: Pre-nuptial agreements were not made binding on the court but rather the court is invited to give weight to all nuptial agreements subject to certain safeguards. 4 See Judith Bray, ‘Pre-nuptial Agreements under Scrutiny’ (2009) keywords: agreement; case; court; law; marriage; parties; pre; victoria cache: dlj-932.pdf plain text: dlj-932.txt item: #336 of 343 id: dlj-933 author: Pearce, Robert title: BRIBES, SECRET COMMISSIONS AND THE MONTE CARLO GRAND HOTEL date: 2014-09-25 words: 3041 flesch: 66 summary: The case holds that the principal does have a proprietary remedy: an agent holds the proceeds of any bribe or secret commission on constructive trust for his principal. In addition, the Court was wary of the concept that a person could be considered guilty of theft on the basis of importing the equitable doctrine of constructive trust. keywords: agent; court; fhr; fiduciary; trust cache: dlj-933.pdf plain text: dlj-933.txt item: #337 of 343 id: dlj-934 author: Smith, Peter title: TOWARDS THE REASONABLE ACCOMMODATION OF RELIGIOUS FREEDOM date: 2014-09-25 words: 7444 flesch: 43 summary: To approach the matter in this way does not involve a secular court impermissibly adjudicating in evaluative terms upon religious beliefs…, as opposed to simply proceeding on the basis of evidence before it as to the components of the Christian faith.” The court is concerned to ensure an assertion of religious belief is made in good faith: “neither fictitious, nor capricious, and that it is not an artifice”…But, emphatically, it is not for the court to embark on an inquiry into the asserted belief and judge its “validity” by some objective standard such as the source material upon which the claimant founds his belief on the orthodox teaching of the religion in question or the extent to which the claimant’s belief conforms to or differs from the views of others professing the same religion. keywords: accommodation; belief; case; council; court; discrimination; employer; employment; law; mba; mrs; religion; rights cache: dlj-934.pdf plain text: dlj-934.txt item: #338 of 343 id: dlj-935 author: Scutt, Jocelynne title: HUMAN RIGHTS, ‘ARRANGED’ MARRIAGES AND NULLITY LAW: SHOULD CULTURE OVERRIDE OR INFORM FRAUD AND DURESS? date: 2014-09-25 words: 13677 flesch: 60 summary: Courts in each jurisdiction have granted annulment in cases of forced marriage where duress “threatens life and limb”. With forced marriage, choice is not open to the parties. keywords: act; ceremony; consent; duress; family; force; fraud; human; ibid; law; marriage; moss; nullity; party; rights cache: dlj-935.pdf plain text: dlj-935.txt item: #339 of 343 id: dlj-936 author: Scutt, Jocelynne title: CYBER CRIME date: 2014-09-25 words: 1419 flesch: 30 summary: For criminal law teachers, particularly, Cybercrime and Cyber Crime & Warfare provide opportunities for incorporating into traditional criminal law teaching examples and perspectives on existing criminal fields that can connect well with new generations of law students. Tort teachers could also benefit, adapting criminal law scenarios to their field. keywords: crime; cyber; cybercrime; hacking; law cache: dlj-936.pdf plain text: dlj-936.txt item: #340 of 343 id: dlj-937 author: Pawlowski, Mark title: EQUITY’S JURISDICTION TO RELIEVE AGAINST FORFEITURE OF LEASES – AN HISTORICAL PERSPECTIVE date: 2014-09-25 words: 9566 flesch: 53 summary: Although the celebrated case of Sanders v Pope,1 decided in 1806, marked a trend towards a more flexible (discretionary) approach to equitable relief, this was to be short lived following Lord Eldon’s judgment in Hill v Barclay2 in 1811 declining to grant relief against forfeiture of a lease for a wilful breach of covenant not involving the failure to pay rent even where the same was capable of adequate compensation. A number of early cases also sought to restrict equitable relief to cases not involving wilful neglect or misconduct on the part of the defaulting party. keywords: breach; case; court; covenant; equity; forfeiture; jurisdiction; landlord; relief; tenant cache: dlj-937.pdf plain text: dlj-937.txt item: #341 of 343 id: dlj-960 author: Pearce, Robert title: REVISITING TRUSTEES' DECISIONS: IS PITT V HOLT THE FINAL WORD ON THE RULE IN RE HASTINGS-BASS? date: 2014-11-24 words: 14786 flesch: 60 summary: Unless there is some other factor, such as the exercise of undue influence, the overbearing of will through duress, or a mistake, good and bad decisions are equally enforceable in law.1 It might be thought that the same rule applies to decisions made by trustees, even though their decisions generally relate to the interests of the beneficiaries, rather than to their own interests. A series of first instance decisions permitted trustees in some instances to backtrack on a decision which had unintended effects or consequences. keywords: bass; breach; court; decision; duty; fiduciary; futter; hastings; hmrc; law; mistake; pitt v; rule; trustees; v holt cache: dlj-960.pdf plain text: dlj-960.txt item: #342 of 343 id: dlj-961 author: Brennan, Carol title: MORAL CRUSADES IN AN AGE OF MISTRUST: THE JIMMY SAVILE SCANDAL date: 2014-11-24 words: 1272 flesch: 50 summary: A measure of Durkheimian unity is provided by a phenomenon which is much more than criminal; the existence of child abuse constitutes “moral pollution”. The Home Secretary Theresa May was compelled to announce not one but two judicial inquiries into aspects of child abuse. keywords: abuse; child; furedi; savile cache: dlj-961.pdf plain text: dlj-961.txt item: #343 of 343 id: dlj-989 author: Plotkin, James title: THE MODEL FOR A PATH FORWARD. A PROPOSAL FOR A MODEL LAW DEALING WITH CYBER-SQUATTING AND OTHER ABUSIVE DOMAIN NAME PRACTICES date: 2015-11-16 words: 14033 flesch: 55 summary: Though improving the corpus of international domain name law, the model law will not have the effect of creating internationally binding precedents. Domain names are therefore a scarce resource. keywords: acpa; action; case; court; cyber; cybersquatting; denning law; dispute; domain; domain names; fact; jurisdiction; model law; policy; provision; resolution; rights; squatting; trademark; trademark law; u.s; udrp cache: dlj-989.pdf plain text: dlj-989.txt