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VOLUME IV
ISSUE 1 – 2012-2013 (Download)

Two years later: revisiting the Supreme Court’s decision to eliminate expert immunity

Name: Chintan Chandrachud University: University of Oxford [1] Introduction Close to two years ago, the UK Supreme Court, by a majority of five to two, decided that experts appointed by parties to legal proceedings would no longer be immune from claims for professional negligence brought by their clients. [2] In arriving at this decision, the Court overruled Palmer v Durnford[3] and Stanton v Callaghan[4]. Lord Hope and Baroness Hale, in dissent, preferred not to depart from the established position that experts would be entitled to immunity as regards their evidence given in court as well as

Engaging law with social reality for the legal protection of unmarried cohabiting couples

Name: Kelly Reeve University: University of Warwick Abstract The law affecting unmarried cohabiting couples is chaotic. It comprises a patchwork system which straddles equity, property, contract, family, and restitution law. It is full of internal contradictions and arbitrary distinctions. For several decades there has been mounting academic pressure for a fundamental overhaul of the cohabitation regime and a number of unsuccessful reform attempts. The law’s binary response to relationships is growing increasingly problematic in light of evidence of a rising trend in unmarried cohabitation

Derivative Actions in the UK: Revised yet unimproved

Name: Shaowei Lin University: University of Edinburgh Abstract: Following public consultation and much consideration, a new statutory derivative action was finally incorporated into the UK Companies Act 2006. This paper explores the role of this new procedure in constraining managerial misconducts. After highlighting the common law position on derivative actions, this paper goes on to assess the recent statutory addition. It concludes that this new rule is not a significant constraint on managerial malpractices in light of its inherent deficiencies and the existence of other strong protective

Religious Hate Speech Regulation: Counteracting Inequality or Counterproductive?

Name: John Marjason-Stamp University: University of Oxford Abstract Religion and the freedom of expression have a long and acrimonious relationship. In recent years the competing claims of religion and freedom of expression have led numerous legal systems to consider the criminalisation of religiously offensive expression. The question whether religious hate speech should be expressly criminalised has been increasingly answered in the affirmative. The purpose of this paper is to consider the desirability of legal prohibitions on religious hate speech, and, in particular, whether such prohib

The Relationship between European Union Law and International Law through the Prism of the Court of Justice’s ETS Judgment: Revisiting Kadi I

Name: Ana Júlia Maurício University: University of Cambridge Abstract The EU, as an international actor with legal personality, is a subject of international law. It is thus bound by certain international treaties and principles of customary international law. This article attempts to analyse the relationship between EU law and international law in the light of the recent Court of Justice’sdecision relating to the EU Emissions Trading Scheme, using ETS to revisit Kadi I. It is argued that ETS explained the conditions under which the Court of Justice will assess the validity of EU law in t

Book Review: Punishment, Participatory, de- mocracy, and the Jury (Albert Dzur)

Name: Narutoshi Yoshida University: King’s College London Jury trials are one of the basic pillars of the Common Law system. However, in England, the amount of jury trials has recently begun to decrease, especially in civil cases. In fact, criminal juries judge less than two per- cent of criminal cases. In the United States, although the extent of the decrease is different, the trend seems to be similar. Therefore, to improve the popularity of the jury system and demonstrate its value, the Ameri- can Bar Association took unique measures. The author, Professor Albert W. Dzur, focuses on dem

Book Review: The Corporate Objective (Andrew Keay)

Name: Min Yan University: King’s College London A company, as all rational activity, requires an objective to justify its behaviour. Meanwhile, a company’s performance can be only measured and evaluated after establishing such criteria. If no goals or expectations exist, it will cause difficulties for judging whether or not the performance of a company is “good”, or how well initial expectations have been met. Regardless the importance of corporate objective, no universally ac- cepted corporate objective of the modern public company exists yet. The Corporate Objective written by Prof

Blogs

EUROPEAN UNION LAW

A Continuing analysis of the Never-Ending Story: Golden Shares after Italian elections June 10, 2013
Jelena Ganza PhD candidate, Dickson Poon School of Law, KCL ‘Golden shares’ challenged The ‘golden shares’ (hereafter GS) were created at the time of privatisation when the EU Member States’ Governments were actively disposing of their shareholdings in former state monopolies, such as energy companies and telecoms. Under the normal operation of company law […]

HUMAN RIGHTS

Big brother’s big brothers: Tort law and privacy in the Internet age June 16, 2013
The Internet is a looming challenge for the protection of privacy in England. Although judges have on numerous occasions paid lip service to a right to this human right,[1] English law does not provide for a general tort to privacy.[2] This essay examines, to what extent the three traditional legal torts (defamation, harassment, and trespass to land)[3] and […]

LEGAL THEORY

Re-reading David Kennedy’s ‘Turning to Market Democracy’ as a Critique of Ideology May 15, 2013
Introduction What does an epochal event do to political and legal theory, and vice versa? None of the theories of international relations have predicted the end of the Cold War. For the very reason that the Cold War stood for a political and territorial separation on the basis of ideology, it was – at least in theory – considered to be stable and static. A p […]

COMMERCIAL LAW

The Alternative Investment Fund Managers Directive: UK’s Road to the Impending Implementation June 16, 2013
INTRODUCTION As one of the most controversial pieces of EU law, the Alternative Investment Fund Managers Directive (AIFMD)[1] may be the most significant European asset management regulation of the early 21st century.[2] Proposed in the wake of the financial crisis, it was heralded as a measure responding to the difficulties in the financial markets and addr […]

CONSTITUTIONAL LAW

Case Comment April 19, 2013
Case-Comment: Attorney-General v Jonathan Cape Ltd [1975] 3 All E.R. 484 Jessica Parry i. Introduction This case is focused on the Crossman Diaries and whether the restrai […]

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