Kliknij ten link, aby zobaczyć inne rodzaje publikacji na ten temat: Law – england – cases.
Artykuły w czasopismach na temat „Law – england – cases”
Utwórz poprawne odniesienie w stylach APA, MLA, Chicago, Harvard i wielu innych
Sprawdź 50 najlepszych artykułów w czasopismach naukowych na temat „Law – england – cases”.
Przycisk „Dodaj do bibliografii” jest dostępny obok każdej pracy w bibliografii. Użyj go – a my automatycznie utworzymy odniesienie bibliograficzne do wybranej pracy w stylu cytowania, którego potrzebujesz: APA, MLA, Harvard, Chicago, Vancouver itp.
Możesz również pobrać pełny tekst publikacji naukowej w formacie „.pdf” i przeczytać adnotację do pracy online, jeśli odpowiednie parametry są dostępne w metadanych.
Przeglądaj artykuły w czasopismach z różnych dziedzin i twórz odpowiednie bibliografie.
1
Hodgson, Kate. "Human Rights Information Sources: Databases and the Internet". Legal Information Management 1, nr 1 (2001): 24–26. http://dx.doi.org/10.1017/s1472669600000232.
Pełny tekst źródłaStreszczenie:
UK and International case materials, news updates and commentary. This service includesCurrent awareness. News and Updates on Human Rights.Cases. Includes relevant cases from All England Next-Day Case Digests, Butterworths Human Rights Cases, European Court of Human Rights, All Englans Law Reports and Law Reports of the Commonwealth.Commentary. Lester & Pannick: Human Rights Law and PracticeHuman Rights Act 1998Links. A Selection of links useful to practitioners affected by the Human Rights Act 1998CatalogueE-mail Alterter. Allows the user to recieve tailored daily or weekly updates Containing the development appearing in Human Rights Direct.
2
Noee, Elyas, Mohammad Noee i Azadeh Mehrpouyan. "Attribution of Liability among Multiple Tortfeasors under Negligence Law: Causation in Iran and England". Journal of Politics and Law 9, nr 7 (30.08.2016): 219. http://dx.doi.org/10.5539/jpl.v9n7p219.
Pełny tekst źródłaStreszczenie:
“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.
3
Biancalana, Joseph. "Testamentary cases in fifteenth-century Chancery". Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, nr 3-4 (2008): 283–306. http://dx.doi.org/10.1163/157181908x336882.
Pełny tekst źródłaStreszczenie:
AbstractThe church courts in England traditionally had jurisdiction over testaments and the litigation arising from testaments. In the fifteenth century, however, Chancery also took jurisdiction over testamentary cases. This article surveys the testamentary litigation in fifteenth-century English Chancery.
4
Gilmore, Stephen. "Use of the uncrc in Family Law Cases in England and Wales". International Journal of Children’s Rights 25, nr 2 (8.08.2017): 500–518. http://dx.doi.org/10.1163/15718182-02502016.
Pełny tekst źródłaStreszczenie:
This article presents quantitative and qualitative findings of an analysis of 130 domestic family law cases in England and Wales reported in the Family Law Reports in which, as of April 2017, the uncrc had been cited. Data are presented on the scope and frequency of citation of Articles of the uncrc, together with an analysis of the various ways in which the uncrc has been used in the case law.
5
Series, Hugh. "Law reports for psychiatrists". Advances in Psychiatric Treatment 18, nr 4 (lipiec 2012): 308–14. http://dx.doi.org/10.1192/apt.bp.110.008797.
Pełny tekst źródłaStreszczenie:
SummaryThe article briefly describes the structure of the civil courts in England and Wales and explains how laws are drafted. This information is used as a basis for understanding the rule of precedent: how earlier court decisions may be binding in later cases. The article explains what law reports are, how cases are reported in the legal literature and how they may be located and cited. A number of key cases are summarised to illustrate the process of judicial reasoning and to show how case law contributes to psychiatric practice and defines the legal structure of medical work. A list of useful legal websites is given.
6
Cusine, D. J. "Adverse Possession of Land in Scots and English Law". International and Comparative Law Quarterly 45, nr 3 (lipiec 1996): 667–75. http://dx.doi.org/10.1017/s0020589300059406.
Pełny tekst źródłaStreszczenie:
In Scotland, like England, possession plays a part in landownership. In Scotland a non-owner may acquire a title to land by the operation of prescription;1 in England the title of an owner may be lost by limitation2 but an easement can be acquired by prescription,3 as can a servitude in Scotland.4 Because the acquisition of ownership in Scots law is by the operation of prescription, both a title and possession are necessary,5 whereas in England only possession is required. Although the theory behind and the purpose of adverse possession are different in each jurisdiction, as are the periods of possession, the result in many cases will be similar. The purpose of this article is to look at the similarities and the differences, and to consider recent cases on possession in each jurisdiction to show to what extent, if at all, one jurisdiction may learn from the other. The Prescription & Limitation (Scotland) Act 1973 codified the law and, although it shortened the period of prescription, cases decided under the previous law, notably those on the requisites of possession, are still relevant.
7
Hudson, John. "COURT CASES AND LEGAL ARGUMENTS IN ENGLAND, c.1066–1166". Transactions of the Royal Historical Society 10 (grudzień 2000): 91–115. http://dx.doi.org/10.1017/s0080440100000050.
Pełny tekst źródłaStreszczenie:
AbstractTHE relationship between law, the power of participants in disputes, and the structure of society and politics is always a complex one. It is also, not surprisingly therefore, controversial in writings on jurisprudence, modern law, and legal history. In this paper I argue for the importance of legal norms in the conduct of disputes in England in the period between the Norman Conquest and the early Angevin legal reforms. This importance is certainly related to the extent of Anglo-Norman royal power. However, in a wider context I shall argue against any necessary, simple, and direct link between political structure and the existence and influence of legal norms.
8
Zhang, Yanan. "Documentary letter of credit fraud under criminal law regime in England and China". Journal of Financial Crime 21, nr 4 (30.09.2014): 433–46. http://dx.doi.org/10.1108/jfc-05-2013-0039.
Pełny tekst źródłaStreszczenie:
Purpose – The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China. Design/methodology/approach – The paper analyses the regulations about such crime and relevant literature. Findings – The similarities and differences of such rules have been identified briefly. L/C fraud is considered a conduct crime; and unspecific or vague provisions concerning this crime may cause difficulties of application in judicial practice in both England and China. But the possible punishment for L/C fraud criminals under Chinese criminal law seems more severe than that under English law. Dealing with L/C fraud in international trade under national criminal laws is not effective. Regional and international efforts on legal assistance in cross-border criminal cases still remain to be improved. Research limitations/implications – The limitation is that it examines merely relevant substantial rules in legislation. This opens the paths to future research on the approach towards L/C fraud demonstrated in court cases in England and in China. Social implications – The research underlies the need to take serious attitude and make more effective efforts towards cross-border criminal cases, although different countries may have different rules concerning specific economic crimes. Originality/value – This paper fills the gap of a comparative study on how L/C is regulated under criminal law regime in England and China.
9
Hewitt, Louise. "How Joint Enterprise Liability Neutered the Criminal Cases Review Commission in England". Wrongful Conviction Law Review 4, nr 3 (4.03.2024): 225–41. http://dx.doi.org/10.29173/wclawr99.
Pełny tekst źródłaStreszczenie:
In 2016 the English Supreme Court changed the law concerning joint enterprise liablity ub R v Jogee. The decision appeared to provide a remedy for secondary parties that had been convicted under the, albeit faithful application of the old law. The requirement, however, to demonstrate a substantial injustice following the subsequent case of Johnson significantly curtailed the number of appeals based on this change in the law. The substantial injustice test is applied by the English Criminal Cases Review Commission (CCRC) prior to the application of the statutory real possibility test. Up until now, there has not been any research that examines the impact of this situation and the extent that it constricts any remedy for secondary parties convicted under joint enterprise liability. Using findings from the first study to explore this concept this work examines the limiting effect of the substantial injustice test on the CCRC, explores the application of the corrected law from Jogee, and shows the low number of applicants to the CCRC that identify as black British, despite existing research suggesting this demographic has the highest conviction rate for joint enterprise.
10
George, Rob, i James Netto. "Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales". Laws 12, nr 4 (7.08.2023): 70. http://dx.doi.org/10.3390/laws12040070.
Pełny tekst źródłaStreszczenie:
The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases.
11
Klerman, Daniel. "Settlement and the Decline of Private Prosecution in Thirteenth-Century England". Law and History Review 19, nr 1 (2001): 1–65. http://dx.doi.org/10.2307/744211.
Pełny tekst źródłaStreszczenie:
Although modern societies generally entrust enforcement of the criminal law to public prosecutors, most crimes in premodern societies were prosecuted privately. In classical Athens, ninth-century Germany, and England before the nineteenth century, there were no public prosecutors for most crimes. Instead, the victim or a relative initiated and litigated the cases. This article is the first rigorously quantitative analysis of private prosecution. It focuses on thirteenth-century England and uses statistical techniques, such as regression analysis, to show that changes in the treatment of settled cases can explain the rate of private prosecution.
12
Baker, David. "Deaths after police contact in England and Wales: the effects of Article 2 of the European Convention on Human Rights on coronial practice". International Journal of Law in Context 12, nr 2 (czerwiec 2016): 162–77. http://dx.doi.org/10.1017/s1744552316000033.
Pełny tekst źródłaStreszczenie:
AbstractThis paper examines the role of coroners in investigating and reporting on cases of death after police contact (DAPC) in England and Wales. It considers how Article 2 (the right to life) of the European Convention on Human Rights (ECHR) has affected coronial processes and practices. It argues that the effects of Article 2 represent an evolutionary shift in accountability processes surrounding cases of DAPC in England and Wales, but that this shift has in turn been mediated by aspects of institutional structure in the coronial system. It discusses how this shift demonstrates the dynamic relationship between the coronial system, state and society and how this has continued to evolve as a result of external demands.
13
Klepitsky, I. A. "Causal Relationship in the Criminal Law of England". Courier of Kutafin Moscow State Law University (MSAL)) 1, nr 10 (9.01.2023): 96–109. http://dx.doi.org/10.17803/2311-5998.2022.98.10.096-109.
Pełny tekst źródłaStreszczenie:
This article explains for the Russian reader the doctrine of causaion in the criminal law of England. As a result, the following conclusions are drawn: 1) the reduction of causation to a cause sine qua non promoted in the Russian theory of criminal law is inappropriate; 2) mens rea does not allow limiting the range of punishable acts to reasonable limits; 3) the Englih understanding of causality in criminal law is not very perfect, it is contradictory and casuistic and so it is unsuitable for reception, the interpretation of causality in many cases seems too broad; 4) a useful basis of English doctrine is the understanding that causation cannot be interpreted in a purely mechanistic context, the understanding of causation directly affects criminal policy and morality; 5) “blameworthiness” of an act seems to be a better criterion for a causation than its “danger” (as suggested by V. N. Kudryavtsev).
14
Cowan, Sharon. "Offenses of Sex or Violence? Consent, Fraud, and HIV Transmission". New Criminal Law Review 17, nr 1 (1.01.2014): 135–61. http://dx.doi.org/10.1525/nclr.2014.17.1.135.
Pełny tekst źródłaStreszczenie:
Given the current criminalization trend, the motivating question of this article is whether or not sexual transmission of HIV, without specific consent to the risk of such transmission, should be categorized as an assault or a sexual assault, and what difference that (re)categorization might make. In the argument that follows, the criminalization discourses in Canada and England and Wales that underpin and permeate the debates over HIV transmission will be explored. These jurisdictions have been chosen as examples of two regimes, at almost opposite ends of the criminalization spectrum, in which recent changes have set new benchmarks for criminal responsibility. One (England and Wales) has set rather narrow limits on the criminal law, whilst the other (Canada) has set far broader parameters, and lately has begun to include other sorts of cases (such as deception about the absence of birth control) as analogous to the HIV cases, drawing the boundaries of the criminal law even more widely. Beginning with a brief description of the law in each jurisdiction, this article analyzes the gendered and (hetero)normative role of consent in HIV nondisclosure offenses. Through a comparison with the law on sadomasochism, the article questions whether such offenses are rightly categorized as assaults or as sexual assaults. Following a critical engagement with the reasoning in recent Canadian jurisprudence in the area, the article will conclude by addressing the question of how future HIV transmission cases should be tackled. It is argued that in the absence of a policy that precludes criminalization of nondisclosure, the position in England and Wales is to be preferred.
15
Wass, Jack. "THE COURT'S IN PERSONAM JURISDICTION IN CASES INVOLVING FOREIGN LAND". International and Comparative Law Quarterly 63, nr 1 (styczeń 2014): 103–35. http://dx.doi.org/10.1017/s0020589313000468.
Pełny tekst źródłaStreszczenie:
AbstractThe Moçambique rule provides that an English court may not adjudicate on title to foreign immovable property. This article considers the primary exception to that rule: where the court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the court's personal jurisdiction. It addresses two questions: how should the English court decide whether to assume jurisdiction in relation to foreign land, and if the positions are reversed, should an English court recognize or enforce the order of a foreign court affecting English land? As to the first question, this article argues that the orthodox English approach is anachronistic. English law applies the lex fori exclusively to determine whether an obligation exists which the court has jurisdiction to enforce. Instead, modern conflict of laws principles demand that the court should apply the proper law of the substantive claim in determining whether a sufficient equitable or contractual obligation exists. As to the second question, this article argues that despite the prevailing view that foreign non-money judgments are not enforceable in England, foreign orders in relation to English land are in principle entitled to recognition in a subsequent action in England by the successful claimant.
16
Ellison, Louise. "Witness preparation and the prosecution of rape". Legal Studies 27, nr 2 (czerwiec 2007): 171–87. http://dx.doi.org/10.1111/j.1748-121x.2007.00051.x.
Pełny tekst źródłaStreszczenie:
In England and Wales, rape complainants currently receive little by way of pre-trial support and preparation. This stands in sharp contrast to prosecutorial practice in the USA where prosecutors meet with complainants prior to trial with the specific aim of preparing them for the unfamiliar process of testifying in criminal proceedings. This paper considers the case for adopting similar arrangements in rape cases in England and Wales. This is assessed primarily from an evidentiary perspective although due consideration is also given to the need to protect vulnerable complainants from the risk of secondary victimisation within the criminal trial process.
17
Buckley, R. A. "Illegal transactions: chaos or discretion?" Legal Studies 20, nr 2 (czerwiec 2000): 155–80. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00138.x.
Pełny tekst źródłaStreszczenie:
The provisional proposals of the Law Commission for reform of the law relating to illegal transactions are examined in relation to proposals for reform of the same area of the law in other Commonwealth jurisdictions. The working in practice of the New Zealand Illegal Contracts Act 1970 is considered, and judicial development of the law in Canada and Australia is contrasted with the reluctance of the judiciary in England to embark upon systematic reform. The conclusion is reached that there is a proven need for a move away from rigidity and literalism towards a legitimated judicial discretion enabling the great variety of factors in illegality cases to be weighed. Furthermore, the artificial and arbitrary notion of ‘reliance’ upon illegality should be abrogated. Only statutory reform of the law along the lines provisionally proposed by the Law Commission is capable of bringing about these changes in England.
18
Müßig, Ulrike. "Constitutional conflicts in seventeenth-century England". Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, nr 1-2 (2008): 27–47. http://dx.doi.org/10.1163/157181908x277563.
Pełny tekst źródłaStreszczenie:
AbstractIn the constitutional conflicts of the 17th century, both Crown and Parliament justified actions contrary to the other's will by reference to necessity. The Crown held the raising of additional finance to be necessary; the Parliament, its raising of a militia. The competence to determine a time of necessity, and to decide on the public good in it, was the key to sovereignty. In a series of cases reaching a peak in Hampden, the courts handed the Crown an unrestrained Prerogative. With the Militia Ordinance, a disturbed Parliament then claimed the competence for deciding on the public good in an emergency, even against the King's will, because its judgements as opposed to the king's discretion in his Royal prerogative were based on the common law which bound even the King. The concept of Parliament as a court of common law is often under-emphasized, though this is at the heart of the Parliament's claim to sovereignty achieved in 1689, because the Monarch could veto legislative acts, but he could not veto judgements.
19
Gorbunov, A. A. "THE IDEA/EXPRESSION DICHOTOMY IN THE LAW ENFORCEMENT PRACTICE OF THE COURTS OF THE UNITED STATES AND ENGLAND IN THE PERIOD FROM THE 19th TO THE MID-20th CENTURY". Ex jure, nr 3 (2018): 46–60. http://dx.doi.org/10.17072/2619-0648-2018-3-46-60.
Pełny tekst źródłaStreszczenie:
in the research the author observes the dichotomy development of the ideas and expressions that were formed during legal precedents in courts of England and the USA. It is established that the judicial procedures in the Anglo-Saxon legal system are based upon the law-regulating approach towards the concepts of the Fichte system. Based on the analysis of the law enforcement practice of the courts of the United States and England in the period from the 19th to the mid-20th century, it is noted that originally ideas and expressions were not delimited to just court cases but were indeed perceived as a single object of copyright monopoly. In the judicial practice, the use of this principle has faced difficulties in distinguishing between protected and unprotected elements. In the middle of XX century the idea/ expression dichotomy in its final law form was formed in judicial practice. The article concludes that Fichte theory was changed and accepted in the law enforcement practice of the USA and England.
20
Stattel, Jake A. "Legal culture in the Danelaw: a study of III Æthelred". Anglo-Saxon England 48 (grudzień 2019): 163–203. http://dx.doi.org/10.1017/s0263675121000065.
Pełny tekst źródłaStreszczenie:
AbstractViking invasions and settlements left substantial legacies in late Anglo-Saxon England, attested in legal texts as a division between areas under Dena lage and those under Ængla lage. But how legal practice in Scandinavian-settled England functioned and differed from Anglo-Saxon law remains unclear. III Æthelred, the ‘Wantage Code’, provides critical evidence for legal customs being practised in the Danelaw at the close of the tenth century. An investigation into the code’s peace protections re-examines the argument for occurrences of communal liability in England before the Normans. Wantage’s restrictions on access to law and the need to ‘buy law’ suggest a departure from English conceptions of rights. Provisions on proof in legal cases, including a ‘jury’ of thegns, denote alternative measures of the truth. These analyses depict a Danelaw legal culture that reflects viking army origins, a Scandinavian preference for informal dispute-settlement (‘love’) and the concerns of a landholding Anglo-Scandinavian elite.
21
Welstead, Mary. "DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM". Denning Law Journal 24, nr 1 (27.11.2012): 21–37. http://dx.doi.org/10.5750/dlj.v24i1.390.
Pełny tekst źródłaStreszczenie:
The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. 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). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.
22
Seal, Lizzie, i Alexa Neale. "Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Wales". Law and History Review 38, nr 4 (listopad 2020): 883–910. http://dx.doi.org/10.1017/s0738248020000371.
Pełny tekst źródłaStreszczenie:
Fifty-seven men of color were sentenced to death by the courts of England and Wales in the twentieth century and were less likely to receive mercy than white contemporaries. Though shocking, the data is perhaps unsurprising considering institutional racism and unequal access to justice widely highlighted by criminologists since the 1970s. We find discourses of racial difference were frequently mobilized tactically in nineteenth- and twentieth-century England and Wales: to support arguments for mercy and attempt to save prisoners from the gallows. Scholars have identified historically and culturally contingent narratives traditionally deployed to speak to notions of lesser culpability. These mercy narratives reveal contemporary ideals and attitudes to gender or class. This article is original in identifying strategic mercy narratives told in twentieth-century England and Wales that called on contemporary tropes about defendants' race. The narratives and cases we explore suggest contemporary racism in the criminal justice system of England and Wales has a longer history than previously acknowledged.
23
Scheffer, Thomas. "Creating Comparability Differently: Disassembling Ethnographic Comparison in Law-in-Action". Comparative Sociology 7, nr 3 (2008): 286–310. http://dx.doi.org/10.1163/156913308x306636.
Pełny tekst źródłaStreszczenie:
AbstractEthnographic comparison identifies and analyses core mechanisms which integrate and drive various ethnographic fields. This is exemplified here by what we term, following Luhmann, "the binding mechanism" – which we identify in criminal cases from England, the United States and Germany. By choosing criminal cases as the dynamic frames of "their" (participants') activity and "our" (observers') analysis, thick comparison questions the sources of stability found in structural comparisons of legal doctrines, namely fixed items, definite meaning, and detached contexts. This paper discusses how these features of structural comparison are replaced by more dynamic components, such as becomings, involvements, and formations.
24
Handler, Phil. "The Court for Crown Cases Reserved, 1848–1908". Law and History Review 29, nr 1 (luty 2011): 259–88. http://dx.doi.org/10.1017/s0738248010001276.
Pełny tekst źródłaStreszczenie:
Convicted felons at the Old Bailey and on assize in nineteenth-century England had no right of appeal. They had either to submit to their fate or, if they had the means, petition the Crown for a pardon. The legal avenues for redress were limited. A writ of error would lie to a superior court for legal errors that appeared on the face of the record but by the nineteenth century this was seldom used. More significantly, it was open for the trial judge to reserve questions of law for the informal and private consideration of all the common law judges. In their illuminating studies of this practice in the eighteenth and early nineteenth centuries, James Oldham and Randall McGowen elucidate the ways in which the judiciary used reserved cases to develop legal doctrine and to shape the operation of criminal justice. The trend toward increased formalization of procedure that they identify, culminated in 1848, when Parliament created the Court for Crown Cases Reserved (CCCR). The new court adopted the existing method of reserving cases, but was a court of record that sat and gave judgment in public. It became the highest judicial forum for the determination of questions of criminal law until 1908, when it was superseded by the Court of Criminal Appeal.
25
Guthrie, Robert, i Rebecca Taseff. "Dismissal and Discrimination: Illegal Workers in England and Australia". International Journal of Comparative Labour Law and Industrial Relations 24, Issue 1 (1.03.2008): 31–60. http://dx.doi.org/10.54648/ijcl2008003.
Pełny tekst źródłaStreszczenie:
Abstract: This paper deals with various topical issues in relation to illegal workers. The legal rights of illegal workers have become an international concern. In this paper two common law countries are examined. The engagement of illegal workers raises a number of delicate employment law and policy issues. This article compares the attitude of the courts in England and Australia in relation to the question of the rights of workers who work contrary to immigration laws (illegal workers). In England, the courts have tended to adopt a traditional approach of not enforcing contracts which are tainted by illegality in relation to cases involving payment of wages and termination of employment. This has often meant that workers employed illegally have no rights to enforce agreements with employers who are a party to the illegal agreement. However, in relation to discrimination cases the English courts have used a number of devices to sidestep this harsh approach, and recently a number of workers who have been engaged illegally have been successful in establishing that their employer has discriminated unlawfully against them. Within the last decade in Australia the picture is even less clear with a mixture of outcomes in relation to cases by workers claiming wages when they have been working illegally. No discrimination cases have emerged in Australia, although this paper speculates that the Australian courts may be receptive to adopting the English approach.
26
Helmers, Christian, Yassine Lefouili, Brian J. Love i Luke McDonagh. "The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting". American Law and Economics Review 23, nr 1 (19.03.2021): 56–99. http://dx.doi.org/10.1093/aler/ahab001.
Pełny tekst źródłaStreszczenie:
Abstract We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in England and Wales. Our empirical analysis takes advantage of heterogeneity among case types and compares IPEC cases with intellectual property cases litigated at the PHC of England and Wales, which was not subject to this reform. We find that patent case filings increased following the IPEC’s shift from a pure English Rule to a rule that caps costs awards. Consistent with our model’s predictions, we also find evidence that smaller plaintiffs both won less often and settled more often postreform, as well as evidence that larger plaintiffs spent less on litigation postreform.
27
Steen, Jane. "Women's Ordination in the Church of England: Conscience, Change and Law". Ecclesiastical Law Journal 21, nr 3 (wrzesień 2019): 289–311. http://dx.doi.org/10.1017/s0956618x1900067x.
Pełny tekst źródłaStreszczenie:
Women's ordination raised issues of conscience across church traditions. The Church of England's statutory legal framework prevented these issues being confined to the Church; they were also played out in parliamentary debate. The interface between law and conscience has, however, considerable historical and contemporary resonance, as well as sound theological pedigree. This article therefore considers the place of conscience in legal and philosophical thought before the Enlightenment. It looks at norms of conscience in Roman Catholic and Church of England liturgical use. On a broader canvas, it looks at the interplay between thought, conscience and religion in human rights case law. The article suggests that a consensus of thought which sees the dictates of conscience as founded in, and inseparable from, the teachings of religion begins to break down in the early seventeenth century. Yet human rights courts find themselves deciding cases of conscience or religion where conscience and religion are often intertwined and where the external manifestation of one is governed by the inner promptings of the other. Such difficulties are not limited to the human rights courts but also play out in debates pertaining to ordination. While the North American churches sought to deal with issues of conscience head on, the Church of England very carefully avoided the language of conscience in its early discussions of women's ordination, conscious, it seems, of a lack of consensus around its meaning and source. As the women's ordination debates developed, arguments of conscience were often deployed more by those opposed to the move than those who supported it. Conscience became as much the locus of pain caused by another's action as it was an inner faculty for self-guidance. Its valence shifted from an intellectual to an emotional category.
28
Sveinsdóttir, Þorbjörg. "Rape, Intoxication and the Concept of Consent". Nordisk Tidsskrift for Kriminalvidenskab 107, nr 3 (6.12.2020): 217–32. http://dx.doi.org/10.7146/ntfk.v107i3.124881.
Pełny tekst źródłaStreszczenie:
AbstractIn this article the applicability of the concept of consent is examined in rape cases where the complainant is voluntarily intoxicated. Consent has been at the core of the offence of rape in England for quite some time and the applicability of the concept in such cases in England is examined. The article argues that the concept of consent has not been adequately able to address cases of voluntary intoxication in England, demonstrating that the concept of consent is particularly problematic when it comes to such cases, both due to its ambiguous meaning and its subjective nature. It is furthermore argued that a coercion-based definition of rape, which the Nordic countries have all until recently adhered to, may provide for a more workable yardstick in cases of voluntary intoxication. The recent introduction of a consent-based definition of rape in Swedish and Icelandic law is examined along with how it applies to cases of voluntary intoxication. The article concludes that although both Sweden and Iceland have recently amended their rape laws as to include consent-based definitions of rape, both countries have in effect adhered to a coercion-based model when it comes to cases of voluntary intoxication, relying on yardsticks focusing on the physical.
29
Hasneziri, Luan. "Terms of exclusion or limitation of contractual liability under English civil law". Academic Journal of Business, Administration, Law and Social Sciences 10, nr 1 (1.03.2024): 23–35. http://dx.doi.org/10.2478/ajbals-2024-0003.
Pełny tekst źródłaStreszczenie:
Abstract English contract law pays great attention to the terms of exclusion or limitation of contractual liability that the parties may provide in a contract. This is due to the fact that these terms can be considered as a social problem, since they are a means by which the contracting parties seek to avoid liability for non-fulfillment of contractual obligations. In this sense, these terms constitute an easy way for the contracting party, which is stronger, to exclude itself from liability to the other party. This is especially true in consumer related contracts. The purpose of this paper is to address how these terms are regulated by doctrine and jurisprudence in England. This paper consists of two main cases. In the first case, the content and features of the terms of exclusion or limitation of contractual liability will be analyzed according to common law or judicial practice in England. It is understood that in this case, at the center of attention will be the analysis of the decisions of courts of different levels or the analysis of judicial precedents, since it is the latter that gives the meaning and content of these terms. In the second case, the terms of exclusion or limitation of contractual liability will be analyzed in general, according to the English law: “The Unfair Contract Terms Act 1977”. Here we will specifically analyze the reasons that drove the legislators in England to pass this law, as well as address some of the main provisions of this law, as well as the impact they have had on judicial practice. Also, special attention will be paid to the cases of English judicial practice in relation to the correct and exact meaning of the concrete provisions of this law.
30
George, Charles. "The Ecclesiastical Common Law: A Quarter-century Retrospective". Ecclesiastical Law Journal 14, nr 1 (5.12.2011): 20–42. http://dx.doi.org/10.1017/s0956618x11000743.
Pełny tekst źródłaStreszczenie:
This article reviews developments in ecclesiastical case law (interpreted widely) over the 25 years since the Ecclesiastical Law Journal was founded, focusing on four areas, in each of which, in the author's view, there have been significant developments: freedom of religion; the constitution of the Church of England; the protection of listed buildings; liturgy, ritual and doctrine. It notes the role of the Journal in reporting consistory court decisions and thus ensuring greater consistency of decision-making. It concludes by mentioning some of the leading cases in various other areas of ecclesiastical law.
31
Cavill, Paul. "Perjury in Early Tudor England". Studies in Church History 56 (15.05.2020): 182–209. http://dx.doi.org/10.1017/stc.2019.11.
Pełny tekst źródłaStreszczenie:
The break with Rome was enforced through a nationwide programme of oath-taking. The Henrician regime resorted to oaths because they were already fundamental to the functioning of the polity. In the preceding half-century, activities as diverse as heresy prosecution, tax assessment and debt litigation depended upon oaths. Irrespective of their often mundane subject matter, oaths were held to be religious acts. Prolific oath-taking, however, led to frequent oath-breaking. Perjury was therefore a more pressing and broader concept than it is today. It was an offence against God, against oneself and against others. How this crime was prosecuted and punished sheds light on the intersection of religious doctrine, legal systems and social practice in pre-Reformation England. An analysis of perjury also draws attention to a jurisdictional shift that was underway before the Reformation. In 1485, church courts had exercised an extensive cognizance of perjury; by 1535, they no longer did. The most important factor contributing to this decline in ecclesiastical jurisdiction was the constraint imposed by common lawyers on what cases the church courts could hear. Common law defined the crime of perjury more narrowly than did canon law. Hence the contraction of the church's jurisdiction would alter how perjury was perceived.
32
Oldham, James. "Informal Lawmaking in England by the Twelve Judges in the Late Eighteenth and Early Nineteenth Centuries". Law and History Review 29, nr 1 (luty 2011): 181–220. http://dx.doi.org/10.1017/s0738248010001252.
Pełny tekst źródłaStreszczenie:
In 1848, Parliament created the Court for Crown Cases Reserved, in which all of the common law judges heard and decided questions reserved by trial judges in criminal cases. As Sir John Baker explains, this was “a court of record, which would now sit in public and give reasons for its decisions,” even though “the reservation of cases was still at the discretion of the trial judge and the court did not have the powers of the court en banc in civil cases.”
33
Barennes, Marc, Tessel Bosse, Hans Bousie i Sarah Subrémon. "Comparative analysis between the English, Dutch and French approaches to passing-on in competition cases". Competition Law Journal 20, nr 3 (28.10.2021): 134–38. http://dx.doi.org/10.4337/clj.2021.03.03.
Pełny tekst źródłaStreszczenie:
Several legal topics regarding cartel damages litigation have drawn special attention over the last few years, including the passing-on defence. ‘Passing-on’ in competition cases is where overcharges caused by a cartel, which affect the customers of the cartelists (direct purchasers), are passed-on by these purchasers to buyers further down the supply chain (indirect purchasers). Cartel members regularly invoke this defence as a (partial) shield against a claim for damages. The EU Damages Directive contains two important presumptions in connection to passed-on damages. This article undertakes a comparative analysis of how the courts in the Netherlands, France and England and Wales apply these presumptions in practice in their case law.
34
Hilliard, Christopher. "Authors and Artemus Jones: Libel Reform in England, 1910–52". Literature & History 30, nr 1 (maj 2021): 62–76. http://dx.doi.org/10.1177/03061973211007357.
Pełny tekst źródłaStreszczenie:
This article argues that the novel was collateral damage in English law’s reaction to mass-market newspapers. A 1910 court decision made the writer’s intention irrelevant in libel cases. As a result, publishers became vulnerable to defamation suits from people unknown to a novelist but who happened to share a name with a fictional character. Drawing on the Society of Authors archive and the records of the Porter Committee on the Law of Defamation, the article reconstructs the campaign to exempt fiction from liability in cases of unintentional defamation.
35
McGowen, Randall. "Forgery and the Twelve Judges in Eighteenth-Century England". Law and History Review 29, nr 1 (luty 2011): 221–57. http://dx.doi.org/10.1017/s0738248010001264.
Pełny tekst źródłaStreszczenie:
In his thoughtful and informative article on the twelve judges and judicial review, James Oldham illuminates an important if little-studied corner of eighteenth and nineteenth-century judicial practice. For centuries judges in criminal (and civil) cases had reserved questions that presented peculiar difficulties related to procedure or the interpretation of statute to the consideration of their colleagues. We seldom glimpse much of the substance or form of these deliberations. They were private and informal discussions, although by the eighteenth century the participants in these meetings observed well-understood conventions. Oldham outlines what these rules and practices involved. Decisions, for instance, did not have to be unanimous. The majority opinion took on the force of precedent, even though the deliberations often survived only in unpublished notes or the memories of the judges. Oldham gives a strong reading to this practice. Judges not only determined which cases would be referred to their colleagues, they exercised considerable discretion in ruling on the objections that had been raised. He views this process as offering another example of the power of the judges to shape the character of legal proceedings in early modern England. They were not only correcting procedural mistakes that arose during a trial; they were actively interpreting statute. In doing so, they demonstrated their decisive role in controlling the operation of criminal justice over the long eighteenth century.
36
Dowden, Malcolm. "Rent review 2014". Journal of Property Investment & Finance 32, nr 5 (29.07.2014): 530–33. http://dx.doi.org/10.1108/jpif-05-2014-0034.
Pełny tekst źródłaStreszczenie:
Purpose – The purpose of this legal update is to examine the recent case law relating to rent review in England and Wales. The paper argues that as rent terms have reduced in length, and as market conditions have tended to produce nil-uplifts, there have been relatively few review cases before the court. Cases that reach court tend to fall into two broad categories: contractual interpretation and challenges to third-party determination. Design/methodology/approach – Review and analysis of case law in England and Wales. Findings – There are no special rules for interpreting rent review clauses. The court's approach to contractual interpretation follows House of Lords and Supreme Court rulings culminating in Rainy Sky SA v Kookmin Bank (2011). There are also very limited circumstances in which the court will set aside an arbitrator's award, informed by a policy that favours upholding arbitration awards as a quick and cost-effective way to settle rent review disputes. Practical implications – Rent review clauses must be interpreted in accordance with the normal rules of contractual interpretation. The court is unlikely to be swayed by submissions asserting the “general purpose” of rent review. Originality/value – This is an original analysis of case law.
37
Dingwall, Robert, Tom Durkin, Pascoe Pleasence, W. L. F. Felstiner i Roger Bowles. "Firm handling: the litigation strategies of defence lawyers in personal injury cases". Legal Studies 20, nr 1 (marzec 2000): 1–18. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00130.x.
Pełny tekst źródłaStreszczenie:
The work of defence lawyers in civil litigation has been neglected by law and society studies. Research on personal injury cases, in particular, has usually focused on the alleged failure of legal systems to compensate plaintiffs as fully and as quickly as they believe proper. The defence lawyer is conventionally portrayed as a pettifogger in the classic sense, one who seeks points of detail on which to argue, delay and confuse issues until the plaintiff reduces their demands, dies, loses heart or otherwise goes away. Recent work has been widely taken as proposing that the most effective plaintiff response is to harry defendants in an aggressive and uncompromising fashion–so-called ‘hard bargaining’. This paper combines data from two studies of personal injury litigation carried out in the late 1980s and the mid 1990s to question this conclusion. Although the procedural environment has changed in England since the implementation of the Civil Justice Reforms in April 1999, it is argued that the general points on methodology and on the starting assumptions of socio-legal research remain valid.
38
Giliker, Paula. "Case Note England and Wales, UKSC 4 November 2015, Cavendish Square Holdings BV v. Makdessi; ParkingEye Ltd v. Beavis". European Review of Private Law 25, Issue 1 (1.04.2017): 173–80. http://dx.doi.org/10.54648/erpl2017010.
Pełny tekst źródłaStreszczenie:
Abstract: The UK Supreme Court decision in Cavendish Square Holdings BV v Makdessi; ParkingEye Ltd v Beavis marks an important turning point in the treatment of penalty clauses in England and Wales. In these two conjoined cases, the Court sought to give clarity to the previously complex law on this topic and to identify its underlying principles. The cases involved both commercial parties (Makdessi) and a consumer (ParkingEye). While refusing to abolish the rule against penalties, the Supreme Court, in adopting a very restrictive approach to intervention, highlights the continuing importance of freedom of contract reasoning in the common law of contract. It also provides a good illustration of the difficulties of applying a directive (here the Unfair Terms Directive 1993/13/EEC) in the national consumer law context.
39
Appleby, John C., i Mary O'Dowd. "The Irish admiralty: its organisation and development, c. 1570-1640". Irish Historical Studies 24, nr 95 (maj 1985): 299–326. http://dx.doi.org/10.1017/s0021121400034234.
Pełny tekst źródłaStreszczenie:
There were two main concerns of Tudor and Stuart governments in relation to the sea surrounding the coast of Ireland. First, and most important, there was the need to defend it from hostile ships belonging to England's enemies. This involved the security of England as much as Ireland and, throughout the sixteenth and seventeenth centuries, was usually controlled by the admiralty establishment in London. The setting out and supervision of ships to defend the Irish and English coasts was rarely delegated to an Irish authority. The second concern was the administration of the law maritime in Ireland. The law maritime included within its jurisdiction all crimes committed at sea or on the coast such as the seizure and robbing of ships by pirates and other sea-rovers, as well as cases involving death aboard ship, seamen's wages, salvage, wreck, damage by collision at sea, and other disputes involving the sea or the men who earned their living from it. In the medieval period such matters were often dealt with in the courts of chancery and exchequer, but in the later middle ages a separate admiralty court emerged in England where the civil maritime law was practised. The existence of the court, however, remained shadowy until it was enlarged and established on a permanent basis in the 1530s. At the same time, procedure in the court was simplified by the passing of an act which allowed for the prosecution of crimes at sea by special commissions according to common law.
40
Jacoby, Robin. "Old age psychiatry and the law". British Journal of Psychiatry 180, nr 2 (luty 2002): 116–19. http://dx.doi.org/10.1192/bjp.180.2.116.
Pełny tekst źródłaStreszczenie:
BackgroundOld age psychiatry is no less subject to increasing legal and quasi-legal restraint than other branches of the profession, but the emphases are different. Two themes predominate: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment.AimsTo discuss the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales.MethodSelective review and discussion of recent case law and current and proposed statute law.Results and conclusionsThe Bournewood case threatened but ultimately failed to upset the status quo. However, the European Convention on Human Rights and the British Human Rights Act 1998 may yet do so.
41
Rumfitt, Ian. "Infinitesimals, Nations, and Persons". Philosophy 94, nr 04 (październik 2019): 513–28. http://dx.doi.org/10.1017/s003181911900010x.
Pełny tekst źródłaStreszczenie:
AbstractI compare three sorts of case in which philosophers have argued that we cannot assert the Law of Excluded Middle for statements of identity. Adherents of Smooth Infinitesimal Analysis deny that Excluded Middle holds for statements saying that an infinitesimal is identical with zero. Derek Parfit contended that, in certain sci-fi scenarios, the Law does not hold for some statements of personal identity. He also claimed that it fails for the statement ‘England in 1065 was the same nation as England in 1067’. I argue that none of these cases poses a serious threat to Excluded Middle. My analysis of the last example casts doubt on the principle of the Determinacy of Distinctness. While David Wiggins's ‘conceptualist realism’ provides a metaphysics which can dispense with that principle, it leaves no house-room for infinitesimals.
42
O'Brian, William E. "Court Scrutiny of Expert Evidence: Recent Decisions Highlight the Tensions". International Journal of Evidence & Proof 7, nr 3 (lipiec 2003): 172–84. http://dx.doi.org/10.1177/136571270300700302.
Pełny tekst źródłaStreszczenie:
Recent decisions of the Courts of Appeal in England and Northern Ireland in Dallagher and O'Doherty highlight the risks of error which flow from the current lax standards of English law relating to the admission of expert evidence. Notwithstanding that in both decisions, the court purported to apply the same principles, an analysis of these cases indicates tensions in the law, and adds support to calls for the adoption of a stricter test for the admission of expert evidence.
43
Mikroulea, Alexandra P. "“Collective Redress” in European Competition Law". Zeitschrift für Wettbewerbsrecht 14, nr 4 (8.12.2016): 388–414. http://dx.doi.org/10.15375/zwer-2016-0407.
Pełny tekst źródłaStreszczenie:
AbstractOpt-in or opt-out? That is the basic question to be answered. The decision to promote actions of “opt-in” type as opposed to those of the “opt-out” type, for the sake of private autonomy, does not ensure the effective application of european competition law. On the contrary, it may decrease the application’s intensity and effectiveness. Recent reforms among European state members such as in the United Kingdom, Belgium, the Netherlands, Denmark and Norway are powerful indications that the opt-out principle may result in the effective implementation of competition law. There is no doubt that a mixed system (hybrid system), providing the court with the power to decide in favour of either the opt-in or the opt-out system, will result in better implementation of competition law. At the present time there are two pending cases in England (Dorothy Gibson and Mastercard) for which the decision on opt-out or opt-in are highly anticipated. Should the court decide, in one or both of the cases, on an opt-out approach, this will bring a momentous reevaluation of the entire collective redress concept.
44
Pander Maat, Eva, Daan Van Maurik, Rosario Garza Islas i Giancarlo Piscitelli. "The Right to Be Forgotten in the UK: A Case Note on the English and Welsh High Court Reasoning in NT1 & NT2 v. Google and the Post-Brexit Prospects in the GDPR era". European Review of Private Law 30, Issue 2 (1.05.2022): 263–90. http://dx.doi.org/10.54648/erpl2022014.
Pełny tekst źródłaStreszczenie:
The joined cases NT1 & NT2 present the first claim before the High Court of England and Wales (the Court) on the right to be forgotten, established by the Court of Justice of the European Union (CJEU) in the seminal Google Spain case. Both claimants, NT1 and NT2, had submitted a request for the de-listing of search results related to their prior criminal convictions. This case note considers how the Court was therefore faced with the question how to strike a balance between, on the one hand, the right to privacy, and, on the other hand, the publicity of criminal trials. In deciding upon this question, the Court notably weighed both EU and national law sources. It considered three main criteria: the nature of the offence, the public interest in the disclosure of the information concerned, and the rehabilitation of the claimant. This case note argues that the opposing conclusions reached in either of the joined cases are exemplary of the way these three criteria are embedded in the broader common law understanding of privacy and the concept of rehabilitation after criminal convictions. As regards the first criterion, on the nature of the offence, the joined cases suggest that if the offence does not involve dishonesty or is old and ‘not serious’, there is a greater chance that the Court does not consider it necessary for the information to remain public. As regards second criterion, on the public interest, it appears that if the claimant is active in public life in a manner related to the offences, this enhances the public interest in the information. Regarding the third criterion, on rehabilitation, it appears that the Court attaches great value to the concept of remorse for past convictions. The case note embeds these judicial considerations in the emphasis on ‘privileged principles of open justice’ in the English and Welsh common law jurisdiction, which have inhibited the post-war revolt to develop a strong right to privacy in civil law jurisdictions on the European continent. Finally, the case note reflects on post-Brexit data protection standards in England and Wales. Whilst assessing that courts will not be able to easily dismiss the relevance of CJEU case law on data protection, the case note identifies several stumbling blocks to lasting EU-UK equivalence on data protection laws and concludes that if anything, Brexit will diminish legal certainty for citizens and data subjects in England and Wales.
45
Howe, Adrian. "‘Red mist’ homicide: sexual infidelity and the English law of murder (glossingTitus Andronicus)". Legal Studies 33, nr 3 (1.09.2013): 407–30. http://dx.doi.org/10.1111/j.1748-121x.2012.00254.x.
Pełny tekst źródłaStreszczenie:
For over 300 years, criminal courts have regarded sexual infidelity as sufficiently grave provocation as to provide a warrant, indeed a ‘moral warrant’, for reducing murder to manslaughter. While the warrant has spilled over into diminished responsibility defences, wounding, grievous bodily harm and attempted murder cases, it is provocation cases that have provided the precedents enshrining a defendant's impassioned homicidal sexual infidelity tale as excusatory. Periodically, judges and law reformers attempt to reign in provocation defences, most recently in England and Wales where provocation has been replaced by a loss of control defence that, most controversially, specifically excludes sexual infidelity as a trigger for loss of control. This paper reflects on this reform and its reception, glossing Shakespeare's scathing critique of warrants for murder inTitus Andronicus.
46
Cooke, Robin. "The Road Ahead for the Common Law". International and Comparative Law Quarterly 53, nr 2 (kwiecień 2004): 273–86. http://dx.doi.org/10.1093/iclq/53.2.273.
Pełny tekst źródłaStreszczenie:
In the 1996 Hamlyn Lectures, under the title Turning Points of the Common Law, I examined four great cases where the House of Lords set the law of England, and consequently the law of most of the English-speaking world, on a new course by reversing decisions of the courts below. They were Salomon v Salomon & Co Ltd1 (insistence on separate identities of company and controlling shareholder); Woolmington v Director of Public Prosecutions2 (discovery of a golden thread about onus of proof in English criminal law); Hedley Byrne & Co Ltd v Heller3 (qualified acceptance of duty of care in tort to safeguard against economic damage); and Anisminic Ltd v Foreign Compensation Commission4 (affirmation that material errors of law by administrative bodies are alwaysredressible by courts).
47
Brooker, Penny. "Mediator immunity: time for evaluation in England and Wales?" Legal Studies 36, nr 3 (wrzesień 2016): 464–90. http://dx.doi.org/10.1111/lest.12120.
Pełny tekst źródłaStreszczenie:
In England and Wales, the issue of mediator immunity has not been considered by the courts or via legislation. Mediator immunity is constructed by analogy to that given to judges, but the role of the judiciary is different to that of mediators, who do not determine cases and, it is argued, do not require protection from litigation because the parties are responsible for the final settlement outcome. In Australia and the USA, mediators are usually provided with immunity in mandatory, ‘court-annexed’ programmes, although this varies from an absolute to a qualified level that is constrained by bad faith or dishonesty. In the English jurisdiction, mediation is court-connected and parties are dissuaded from accessing the courts through the risk of costs penalties or automatic referral schemes. Therefore, the time is opportune for a review of many issues involved in mediation development, including immunity. This paper considers the reasoning for extending immunity to mediators, before concluding that the subject should not be determined through legal action until after a comprehensive review of mediation developments and after a consideration of mediator standards and regulation of practice.
48
Rezaeian, Mohsen, Graham Dunn, Selwyn St. Leger i Louis Appleby. "Application of Commercial Software to the Classification of Suicide Cases: A Brief Report". Violence and Victims 26, nr 4 (2011): 533–40. http://dx.doi.org/10.1891/0886-6708.26.4.533.
Pełny tekst źródłaStreszczenie:
Mosaic Profiler software was used to classify suicide and open verdict cases during 1996 to 1998 in England and within England, for the London and the North West regions. The classification system was based on the socioeconomic characteristics of the last place of residence of the cases at the level of postcode. The results highlighted that deprived areas and areas that contain elderly population or those areas that suffer from lack of social cohesion are overrepresented, whereas affluent areas are underrepresented. All of these, although in the larger scale, seem to support the results of other studies. Nevertheless, more studies would be required before one can fully evaluate the application of the Mosaic Profiler in the field of spatial epidemiology.
49
Pocklington, David. "UK Perspectives on the Definition of "Waste" in EU Legislation". European Energy and Environmental Law Review 8, Issue 3 (1.03.1999): 72–76. http://dx.doi.org/10.54648/eelr1999011.
Pełny tekst źródłaStreszczenie:
The recent decision of the High Court of England and Wales in Mayer Parry Recycling v The Environment Agency, providing an analysis of the term "discard" in the context of waste law and its relationship to recovery operations; the point at which material ceases to be regarded as waste; the "environmental criterion" in borderline cases.
50
Tattersall, Luke. "Appeal Dismissed: English Courts on Foreign Judgments". African Journal of International and Comparative Law 26, nr 3 (sierpień 2018): 477–80. http://dx.doi.org/10.3366/ajicl.2018.0242.
Pełny tekst źródłaStreszczenie:
Case note considering a recent Court of Appeal authority regarding a claim brought in England by an Ethiopian party who was displeased with the outcome of litigation in Ethiopia. The Appellants were alleging that they had not received a fair trial in Ethiopia. The Court of Appeal have firmly stated that the English courts will not act as a supranational appellate court to decisions made in other jurisdictions. The case reaffirms the principle of comity within private international law and helps delineate the boundaries regarding cases brought in England and Wales which have no connection with the jurisdiction.