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Despite the limited exception introduced by statute in 1974, the principle that truth is and ought to be a complete defence to all actions in defamation is typically regarded as self-evident in modern English law. The fact that England stands here against not only the whole of the civilian tradition but also a number of common-law jurisdictions suggests, however, that it is not. This paper, after surveying the history of the principle in English law and the debates that it has spurred in the past, argues that English law is right on this question, but needs to understand more cogently why. This, in turn, requires an examination of the interests protected by the cause of action. It is only if we accept that it is, and is solely, reputation founded in character that the defence of veritas will be secured. [ABSTRACT FROM AUTHOR]

Copyright of Studies in Applied Linguistics / Studie z Aplikované Lingvistiky is the property of Universita Karlova, Filozoficka Fakulta and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

There is general agreement that jurisdiction over issues concerning children or vulnerable adults should lie with the court of their habitual residence. There are particular circumstances in which that is not wholly satisfactory and four international instruments have provided, using rather different language, the possibility of jurisdiction being transferred to a court better placed to decide the case. They include Brussels IIb applying in EU Member States since August 2022 and the Hague Child Protection Convention of growing importance in the UK. This paper examines that transfer possibility with a detailed comparison of the relevant instruments. [ABSTRACT FROM AUTHOR]

This paper studies professional education in management accounting and the ways in which management accounting professions establish jurisdictional claims about management accounting work in the UK and German-speaking countries, respectively. We adopt a comparative approach drawing on the framework of systems of professions and the distinction between public, legal and workplace jurisdiction [Abbott, A. (1988).The system of professions: An essay on the division of expert labor. Chicago, IL: University of Chicago Press]. Our findings highlight some notable differences between the UK and German-speaking countries with respect to professional management accounting education, the jurisdictional claims that the professions make as well as the establishment and history of professional institutes for management accounting. Based on this analysis, the paper identifies a dilemma or at least a challenge for policy-makers with respect to balancing the need for a context-dependent model of professional education with a need for comparability and convergence. [ABSTRACT FROM AUTHOR]

Administrative contracts, as a type of contract concluded by the state, not for the purpose of performing its primary functions, but for the purpose of achieving generally useful goals, both for the society and the state, travel a long way from their origin to eventual final acceptance in all legal systems. In this paper, the author explains the administrative contracts in France-the country where the institute "administrative contract" is established, versus the legal systems of Germany and Austria. Even though in the common law countries, such as Great Britain and United States of America the administrative contract is not present as known as in the French legal system, there is a certain type of contract where different rules apply than those of private law and in which one contractual party is a public authority. These contracts in the common law can be found under the name "public contracts", "government contracts" or "state contracts". It is emphasized that the administrative contract does not have to be regulated and legalized in order to function and be legitimate. Emphasis is placed on the legal nature of these contracts and on the similarities and differences that exist in different legal systems. [ABSTRACT FROM AUTHOR]

This paper explores the impact of cuts and continued fee stagnation on publicly funded criminal defence in England and Wales. In so doing, we take an explicit focus on Wales, which has been neglected in socio-legal scholarship on criminal justice matters. Drawing on 20 interviews with criminal defence lawyers in south Wales, we examine how they have experienced the changes to criminal legal aid in recent years. The lawyers in this study largely considered underfunding as a key political issue, with criminal legal aid identified as an easy target, also highlighting concerns around the impact of underfunding on their practice and how they can work for clients. As such, lawyers queried whether there is a viable future for criminal legal aid. These findings have implications for Wales, and the whole England and Wales jurisdiction, as we will discuss throughout. [ABSTRACT FROM AUTHOR]

Brexit raises a whole range of legal issues in multiple areas. The consequences on the EU framework for jurisdiction, recognition and enforcement of judgments are of particular interest for private parties involved in cross-border commercial agreements. This paper explores the legal basis for the jurisdiction of courts and the enforcement and recognition of judgments between the UK and EU-27 courts after Brexit. In addition, it broadly contrasts the main differences of the proposed solutions compared to the EU system. The paper argues that international conventions can provide answers to some of the questions as they set out rules for the jurisdiction, enforcement and recognition of judgments. However, there are factors that can have an impact on possible legal outcomes, such as the framework of the future deal between the UK and the EU-27, the moment of the commencement of proceedings by the parties in the transition period, or the fact that the parties did not opt for exclusive jurisdiction in their agreements. The Withdrawal Agreement provides for some clarity on which EU law provisions apply during the transition period. In addition, the EC Notices and the UK Brexit legislation provide for guidelines as to the rules applicable in and immediately after the transition period. Nevertheless, as the paper analyses, there is still a need for further clarification. Therefore, other methods of dispute resolution proposed in the article such as moving to arbitration instead of English court jurisdiction could provide legal certainty for private parties. [ABSTRACT FROM AUTHOR]

This article examines the criteria for the recovery of damages for illegal procurement decisions in the UK and France. The focal point of this analysis is the gravity threshold of the breach. There is a clear difference in approach in these two jurisdictions: whilst a simple breach of law is sufficient to trigger liability in France, in the UK, a 2017 Supreme Court ruling established that a sufficiently serious breach needs to be proven. This discrepancy has many explanations; inter alia the traditional Anglo-French disparity when it comes to general rules on liability of public bodies or the fact that the French legal culture is generally more contentious than the English. In this paper I reflect on these differences and analyse the conditions for triggering liability in each country. Finally, I make some reflections on how these differences of approach might impact the effectiveness of the remedy. [ABSTRACT FROM AUTHOR]

This paper gives a personal perspective on the growth of in-house legal teams within law firms. It suggests why these departments have emerged as a response to greater legal and regulatory challenges, changes in the profession and a quest for professionalism and cost effectiveness. The paper examines the work of a substantial team and the parallels and differences between a role in that organisation and other forms of legal practice. Finally, it considers the future for these in-house teams in the light of regulatory and organisational factors and the possible implications of technological innovation on staffing and work. [ABSTRACT FROM AUTHOR]

Encryption protects digital information from unauthorized access by making it illegible to anyone without an encryption key. While this ensures the security of digital communications, it also prevents the government from accessing evidence it needs for national security investigations. This creates an apparent conflict between the private sector's desire for strong encryption and the government's interest in "back door" access, thus raising the normative question of whether governments should be able to legally require companies to maintain "back doors" to encrypted information. In view of the significant impact of this debate on economic, privacy, security, and diplomatic interests of states around the world, this Article explores two lines of inquiry: First, what legal frameworks should courts and legislators use to approach encryption? Second, which framework produces the best policy outcomes--in particular, which stakeholders are benefitted or harmed under each approach? To answer these questions, this Article examines legal approaches to encryption in the U.S. and U.K., countries with contrasting policies on the subject. It evaluates the pros and cons of each approach, situating encryption within existing legal frameworks. This includes the First Amendment argument of "code as free speech," government investigatory powers under the Fourth Amendment, and the U.K.'s Investigatory Powers Act permitting government-mandated back doors. This is the first paper clarifying, surveying, and comparing the legal approaches to encryption in the U.S. and U.K. Such a comparative analysis explaining the consequences of each legal approach could help countries choose the most effective approach to encryption. By applying existing laws to the novel problems posed by encryption, this Article generates new evidence against the implementation of encryption back doors. [ABSTRACT FROM AUTHOR]

Litigants are now required to consider mediation and can be penalized under the Civil Procedure Rules if they unreasonably refuse to use an ADR procedure. As litigants are expected to participate in mediation, there are mounting concerns, particularly in common law countries that mandate attendance before accessing the courts, that parties are obstructing the process by engaging in 'bad faith'. Some common law countries have used the concept of 'good faith' negotiation to design rules or codes to regulate conduct in mediation. The English and Welsh jurisdiction identifies mediation as a type of negotiation, but has no developed concept of negotiating in 'good faith'. This paper first reviews the case law on good faith negotiation in England and Wales, before considering the concept of 'good faith' in mediation and assessing whether or how the conduct of parties in mediation could be controlled. The concept of good faith in mediation may not provide the answer because of definitional difficulties and a review of Australia, Hong Kong and the USA indicates that many rules or procedural codes are confined to a 'minimum level' of participation. Furthermore, court control of conduct is limited by the rules of without prejudice in negotiation and confidentiality rules in mediation, which limits court review unless there is substantial impropriety such as blackmail or duress. This paper proposes that the issue of the conduct of parties in mediation must be given serious consideration, particularly in view of judicial pressures in some quarters for courts to be given increased powers to direct litigants to mediate. Mandating mediation may lead to more incidences of bad faith or to party involvement without serious engagement. An argument is made to draw on the already developed principles of unreasonable behaviour in litigation in order to define the expectations of reasonable conduct in mediation. [ABSTRACT FROM AUTHOR]

The article focuses on the evolving landscape of antitrust and competition law as applied to the digital economy, particularly in jurisdictions like the Republic of China and the UK. It critically examines the "platform monopoly" thesis, which posits that leading digital platforms possess significant market power that harms competition, and argues against the presumption of inherent market dominance.

This paper considers the procurement and practice of public-private partnerships (PPPs) for transport projects, how these differ internationally and how lessons learned and best practice may be applied in different jurisdictions, particularly the USA and Europe. The paper starts with a short historical context of the European and US construction industries, leading to a different starting point for PPP practice in each location. The key differences in practice are then examined, drawing on published sources that describe the driving forces for using PPPs and examining and contrasting the claimed benefits and the identified concerns. Finally, given the different circumstances that apply between jurisdictions, the paper considers the lessons that could be applied from one location to another to assist the success of PPPs generally. [ABSTRACT FROM AUTHOR]

This paper explores the dynamics for changes to the machinery of government and public administration in the Bailiwicks of Jersey and Guernsey. Although constitutionally Crown possessions and under the jurisdiction of the UK, both territories are self-governing and are neither part of the UK nor the EU. Their importance as major offshore tax havens means that questions should be asked about their ability to effectively police the money that is invested through them, an issue that has acquired increased significance in the wake of recent terrorist events. Questions of financial probity inevitably lead to questions about governance and governmental efficiency and effectiveness. This paper explores the Bailiwicks’ reactions to this within the theoretical context of the differentiated polity and the modernizing government and new public management agenda. The paper suggests the unique and entrenched political culture of the Bailiwicks is resistant to change but will embrace it if that change ensures the continuance of their autonomy, within the context of being Crown possessions. [ABSTRACT FROM AUTHOR]

Copyright of Anuario Español de Derecho Internacional Privado is the property of Iprolex SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Professions enjoy privileged positions and expend efforts to sustain these in public and interprofessional domains. This research investigates a previously vacant and largely uncontested jurisdiction in the UK charity sector that was claimed, maintained and subsequently expanded by the accountancy profession. We find that the dominant involvement of the accountancy profession leads to a charity regulatory framework that centralises the giving of an account. Over time, the accountancy profession advances highly specialised charity accounting and novel disclosures in annual reports. The study contributes to a deeper understanding of professions expanding jurisdiction in the absence of competition. In our conclusions, we scrutinise implications for trust and legitimacy in the UK charity sector, balancing increased information demand on charities with accessibility to users. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

The specific legal forms available for charitable organisations have received much less attention by scholars as compared to work on the definition of charity, the boundaries of charitable status and the duties of charity trustees. Under each of the three UK jurisdictions, it could be argued that all charitable property is held on trust (in the sense that it is held for interests of the charity's beneficiaries) but many charities are no longer formed using the structure of a trust. Charitable organisations can have many possible structures including charitable trusts, charitable associations, charitable companies and now charitable incorporated organisations (CIOs). Until recently the UK lacked any specific legal form for charities. The CIO was created to remedy this: a corporate body with limited liability, formed purely by registration with the appropriate charity regulator. Since 2008 it has been enshrined in statute in all three UK jurisdictions, though implementation dates only from 2011 in Scotland and from 2013 in England and Wales. The focus of this paper is a comparison of the CIO form in the three UK charity law jurisdictions. It analyses the frameworks for CIOs established in England and Wales, Scottish CIOs (SCIOs) and the (yet to be implemented) CIOs in Northern Ireland. It concludes that whilst the CIO concept is effectively reflected in all three jurisdictions, the differences between these three types of CIOs are much more than just those needed to comply with the different regimes of charity regulation - the differences raise important choices for those seeking to establish new charities operating UK-wide. [ABSTRACT FROM AUTHOR]

The primary challenge to assessing the legal origins view of comparative financial development is identifying exogenous changes in legal systems. We assemble new data on Shanghai's British and French concessions between 1845 and 1936. Two regime changes altered British and French legal jurisdiction over their respective concessions. By examining the changing application of different legal traditions to adjacent neighborhoods within the same city and controlling for military, economic, and political characteristics, we offer new evidence consistent with the legal origins view: the financial development advantage in the British concession widened after Western legal jurisdiction intensified and narrowed after it abated. [ABSTRACT FROM AUTHOR]

This paper surveys the use made of comparative law by the House of Lords and Supreme Court in tort cases decided in the period 1990-2013. Consideration is given to the use of materials from both common law and civil law jurisdictions. The research finds that these courts make a great deal of use of comparative common law (albeit from a limited number of jurisdictions) and that these materials have played a part in a variety of ways in developing the law. In contrast, use of materials from civil law jurisdictions has been at a much lower level and appears to have declined in recent years. The enthusiasm for using civil law sources that certain judges showed in the past has not been continued in more recent years. [ABSTRACT FROM AUTHOR]

The article focuses on the exploration, exploitation assessment of risks related to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) in Great Britain. It mentions that MGR exploitation is a common activity for the biotechnology industry. It states that marine genetic materials are used for the genetic information and the resources consider their role in the biological diversity,

For almost as long as there have been elections, their outcomes have been disputed. Disgruntled candidates have tried many different avenues to right the wrongs of an election they consider they should have won. For several hundred years, jurisdiction over disputed elections was exercised by the Monarch personally, then by the courts, and then by Parliament until finally, in the 1860s, Parliament ceded its power to the courts in the form of the election petitions jurisdiction. This paper considers that history, examines the current system of election petitions, and proposes a number of reforms to this crucial aspect of British democracy. [ABSTRACT FROM AUTHOR]

Use of the Internet has been proven to provide significant, wide-ranging benefits for disabled people research, however, such as a large scale global study commissioned by the United Nations, has determined a low level of accessibility. These findings have been supported by further multi-disciplinary work.While in other jurisdictions there have been definitive rulings on the need for the provision of accessible websites, a UK court has yet to lay down such a duty in relation to a website. It is accepted that there are a number of wide ranging issues interacting in this multi-faceted area, such as standardisation, industry self-regulation and the determination of an international consensus on what constitutes accessible design. However, this paper will focus upon the Equality Act 2010 and the changes it makes which could impact upon the creation of a definitive precedent.The Equality Act 2010 amended and combined pre-existing anti-discrimination provisions into one overarching piece of legislation. An analysis can be undertaken of how this legislation through its reasonable adjustment duty, public sector duty and the potential to validate regulations may be able to bring clarification in the area of website accessibility.Furthermore, the United Nations Convention on the Rights of Persons with Disabilities in its Article Nine specifically applies to access to the Internet. Given the international nature of website accessibility and the innovative provisions contained in the Convention, its impact on website design and inclusion could potentially be far-reaching. This article analyses the area of website design in the light of these recent legislative developments. [ABSTRACT FROM AUTHOR]

This paper discusses the extent to which the common law recognized public interest considerations when confronted with utility insolvencies in the UK, Australia, and the US in the period 1825 to 1970. Jurisprudence in all three jurisdictions concerning insolvent utilities arose in the nineteenth century out of the difficulties arising from the financial distress of railway companies. It is argued that public interest considerations were mobilized to justify various degrees of restriction on the usual rights of creditors in all jurisdictions. While evidence was found of the use of public interest theory in all jurisdictions, there was little development of it in the UK and Australia compared with the US. This may have been because of the early introduction of statutory schemes of arrangement in both countries and because of the nationalization of the industries for the better part of the twentieth century. In the US, on the other hand, public interest theory in the context of insolvent railways and other utilities was much more developed. In particular, it provided part of the rationale for the judicial development of the equity receivership into a comprehensive corporate reorganization mechanism. [ABSTRACT FROM AUTHOR]

This paper critically examines the law of forum non conveniens, in particular the use of the ‘clearly inappropriate forum’ test in Australia, compared with the ‘more appropriate forum’ test applied in jurisdictions such as the UK and the US. It traces the development of the law in the UK in relation to forum non conveniens, including the English acceptance of the doctrine, and how it has been applied in various cases. Some criticism of the ‘more appropriate forum’ test is noted, and it is not recommended that the courts adopt the ‘laundry list’ approach evident in some US decisions, where up to 25 different factors are considered in assessing a forum non conveniens application. It considers the Australian ‘clearly inappropriate forum’ test, and concludes that the ‘clearly inappropriate forum’ test should no longer be followed in that it is unnecessarily parochial and is not consistent with other goals of the rules of private international law including comity. Links between Australia and the subject matter may well be tenuous. Confusion attends the application of the test in Australia at present, the court has rejected the English approach but claims to apply some of the factors mentioned in the English approach in the Australian test, and there is an undesirable schism between statutory rules applicable in domestic cases and the approach when the common law doctrine of forum non conveniens is used. The law regarding forum non conveniens should be harmonious with choice of law rules, and interest analysis can assist in formulating the desired approach to forum non conveniens applications. [ABSTRACT FROM AUTHOR]

The article discusses post-legislative examination of Acts of Parliament in Great Britain and the potential for developing more formal and systematic methods of reviewing legislation after it has been brought into force. Post-legislative scrutiny in the jurisdictions of Canada, Australia, New Zealand, Scotland, Germany and France are also described. The primary reason for more systematic post-legislative scrutiny, is to see whether legislation is working out in practice as intended.

The government's proposal to create a Supreme Court might have been expected to open up a debate on the extent to which Scottish appeals should be allowed to proceed "to London". Instead, that issue has been sidestepped and the consultation paper presupposes that the new Supreme Court will assume the existing jurisdiction of the Appellate Committee (and probably also that of the Judicial Committee) in Scottish cases. This article argues that such an approach is a mistake, and that the jurisdiction of the Supreme Court over Scottish cases should be limited to those cases which are of UK-wide importance. Such cases could be properly identified through a requirement of leave to appeal, which is not a general feature of Scottish appeals to the House of Lords at present. [ABSTRACT FROM AUTHOR]

Copyright of Journal of the Royal Anthropological Institute is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper develops and tests an incremental budgeting model of local government expenditure decisions using data on British local government. The model introduces two distinctive features into the incremental budgeting literature. Firstly, it takes explicit account of the availability of an independent source of revenue for jurisdictions (in this example, a local property tax). And secondly it shows how it is possible to develop satisfactory empirical models when budget constraints are only piecewise linear. The model is shown to perform well, both in explaining within-year variability in budgeting decisions, and in predicting subsequent budgets under revised budget constraints. This paper develops and tests an incremental budgeting model of local government expenditure decisions using data on British local government. The model introduces two distinctive features into the incremental budgeting literature. Firstly, it takes explicit account of the availability of an independent source of revenue for jurisdictions (in this example, a local property tax). And secondly it shows how it is possible to develop satisfactory empirical models when budget constraints are only piecewise linear. The model is shown to perform well, both in explaining within-year variability in budgeting decisions, and in predicting subsequent budgets under revised budget constraints. [ABSTRACT FROM AUTHOR]

The increasing ties between psychology and law have familiarized psychologists with the standards by which law admits scientific evidence into the courtroom. In the USA, these include the general acceptance standard and the Daubert guidelines and, in the UK, the Turner Rule. However, the psychological literature has largely failed to make clear the degree of legal debate that exists concerning the clarity and effectiveness of such standards. This paper will focus on the general acceptance standard, examining key problems of this standard and placing them in a specifically psychological context. Such consideration is important precisely because the standard has become so well known within the psychological literature and because insufficient attention has been given to the way in which it operates implicitly within jurisdictions outside the USA. The authors argue that it is the responsibility of psychologists to become more involved in the debate concerning admissibility standards, given the credibility and authority that law accords to psychology when admitting it into the courtroom. In particular, psychologists need to become more self-reflective about their role in creating and maintaining such standards. © 1998 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]

In the last decade, the emphasis of regional environmental assessment (EA) has shifted away from simply project approval towards facilitating environmental governance by accommodating heterogeneous stakeholders and emphasising relationship building across diverse institutions. However, there are very few advanced regional EA cases that may be studied to understand how practice has evolved and the implications for regional environmental governance. This paper characterises and assesses the interactions among the members of the Crown of the Continent Managers Partnership (CMP), whereby individuals with planning, policy-making, and EA roles attempted to implement an adaptive approach to regional cumulative effects assessment. Twelve in-depth, semi-structured interviews with key stakeholders provide data used in the investigation. The analysis demonstrates opportunities for an approach to regional EA that facilitates environmental governance through collective visioning, innovative leadership, learning from failure, and collaborative science and management. Lessons from the CMP are relevant internationally to jurisdictions seeking to implement regional EA via multi-disciplinary, multi-jurisdictional partnerships. [ABSTRACT FROM AUTHOR]

A specific offence of domestic abuse was introduced in Northern Ireland in March 2021 under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. This represents a crucial development in Northern Ireland's response to domestic abuse. The new legislation has the effect of criminalizing coercive and controlling behaviour, therefore bringing Northern Ireland into line with the other jurisdictions within the United Kingdom and Ireland, and also with relevant human rights standards. Being the final jurisdiction within the United Kingdom and Ireland to criminalize such behaviour has enabled Northern Ireland's approach to be informed by the legislation enacted in the other jurisdictions and, in some respects, has allowed Northern Ireland to 'cherry pick' the best aspects of the approaches of these jurisdictions. There are also aspects of Northern Ireland's domestic abuse offence which differ from the approaches in any of the other jurisdictions in question. However, although the enactment of the domestic abuse offence is certainly a very positive development, this will not constitute a complete panacea to the problem of domestic violence in Northern Ireland. Legislation in itself is insufficient as regards addressing domestic abuse, and further sustained efforts are necessary to tackle this issue. [ABSTRACT FROM AUTHOR]

In any jurisdiction, national security legislation is not developed or enacted in a vacuum and, as such, interdisciplinary analyses of this legislation are both necessary and useful. As such, this article illustrates that the United Kingdom, Canada and Hong Kong's counter-terrorism policymaking has been influenced by their domestic legal and political structures and cultures, including their: respective legal systems; the relative stability of government and political institutions; mechanisms for parliamentary scrutiny and oversight; and experiences with terrorism. Through this interdisciplinary and comparative lens, this article analyzes contemporary developments in these countries, such as terrorist attacks on the Canadian Parliament and the Occupy Central movement in Hong Kong, in order to discuss the human rights implications of the legislation that has been (or will be) enacted in the aftermath of these events, and to call attention to problematic aspects of Canada and the United Kingdom's counter-terrorism policy-making. The example of Hong Kong, a jurisdiction that deals with national security exclusively through ordinary criminal law, is utilized to further emphasize these problematic aspects. The article concludes that terrorism can be best dealt with through existing criminal law, rather than national security legislation that is often hastily enacted, lacking in oversight, overly politicized, and problematic from a human rights standpoint. The article further concludes that these human rights implications are exacerbated in Canada due to a glaring lack of parliamentary oversight, and recommends mechanisms for review of counter-terrorism activities as a matter of urgency. [ABSTRACT FROM AUTHOR]

Summary: Several jurisdictions across the globe have introduced legislation to legally permit the sale and consumption of recreational cannabis. This editorial considers current evidence from the rest of the world and asks how this might inform the possible consequences of 'legalisation' models in the UK. [ABSTRACT FROM AUTHOR]

Divergent economic performance in many countries has led to renewed interest in place-based policies, such as the UK's local industrial strategies at the level of Combined Authorities or Local Economic Partnerships. However, an analysis of employment data using methods from the economic complexity literature demonstrates great heterogeneity in industrial strengths and future growth opportunities within those jurisdictions, raising challenges in designing common policies suited to all sub-geographies. Moreover, the 'related' industries into which low-complexity, low-wage local authorities could potentially diversify are also low-wage. Incremental policies building on existing local capacities are therefore likely to amplify divergence between prospering and left-behind areas. [ABSTRACT FROM AUTHOR]

The aim of this paper is two-fold: first, to introduce how Japanese law and its jurisprudence have dealt with the case of on-line defamation, which is arguably one of the most acute problems in modern society, and second, to critically examine the efficacy of such an approach. The recent decision of the Supreme Court in on-line defamation (as oppose to off-line defamation) will be introduced as an exemplar of the way Japanese law and its jurisprudence have dealt with such an acute problem. A first step will be to provide, by way of background, a brief overview of how defamation in a conventional sense has been treated by the Japanese legal system. The second step will be to outline how the Japanese jurisdiction has dealt with on-line defamation, that is to say, to what extent the Japanese court regulates on-line defamatory comments made by the ordinary people. A third step will be to examine the efficacy of such an approach, and the final step will be to examine whether the UK court can learn a lesson from the Japanese jurisdiction. The author will draw upon Japanese jurisprudence, in order to consider whether a valuable lesson might be offered to the UK jurisdiction. [ABSTRACT FROM AUTHOR]

The article focuses on the role of the Court of Appeal in relation to judicial review in Great Britain. It outlines these roles, the applications for judicial review as a first instance court and the curious quasi-original jurisdiction in relation to judicial review. It describes some procedural issues arising out of the quasi-original jurisdiction based on the two cases, R (O) v. Hammersmith and Fulham and MD (Afghanistan) v. Secretary of State for the Home Department. It also illustrates circumstances in which the original and appellate functions become intertwined.

In this paper, the author sets out the way in which the UK approach to privacy protection is able to extend its reach to anonymous postings. Whilst anonymity might sometimes be seen as one of the essential characteristics of communicating on-line, it does not provide an impenetrable veil of protection in respect of a privacy violation claim. Instead, there are avenues available to identify anonymous communicators, which have implications both for internet freedom and jurisdiction in cyberspace. In the UK, our common law has not denied bloggers, or other on-line contributors, anonymity per se. However, it will be argued that recent UK judgments represent a warning to anonymous communicators that they can be held liable for what they post on-line and that naivety is no defence at law. Whilst on-line platforms allow people to effectively become journalists; to become publishers, as familiar users, they should become more aware of the consequences of their on-line postings and appreciate that they will not be able to escape from the application of third party disclosure orders. However, as these are not without their problems, it is possible that anonymous communicators may have the last laugh. [ABSTRACT FROM AUTHOR]

This paper presents the most important aspects which confer the labor jurisdiction in the UK the quality of specialized jurisdiction. The experience, especially the results, can and should be an important milestone for the Romanian legislator, in the attempt to create a specialized labor jurisdiction in the Romanian legal system too. [ABSTRACT FROM AUTHOR]

The Supreme Court of the United Kingdom (UKSC) was established by section 23 of the Constitutional Reform Act 2005 and it commenced its sittings on 1 October 2009. The procedure of the Supreme Court is governed by the Supreme Court Rules 2009 which were made by the President of the Supreme Court. With the 14 Practice Directions which supplement the Rules, the Rules provide the practice and procedure to be followed by the Court. The Constitutional Reform Act 2005 requires that the Rules are 'simple and simply expressed' and that the Court is 'accessible, fair and efficient'. These words are very important in underpinning the approach adopted by the Court. The attitude of the Registry staff is to be of assistance to practitioners. Also, the Judicial Committee of the Privy Council (JCPC), has moved from its purpose-built courtroom in 9 Downing Street to be accommodated within the new UK Supreme Court. [ABSTRACT FROM AUTHOR]

Apart from the inherent difficulties arising when trying to translate from one language into another, the area of Law brings about further intricacies given by its specific terminology that bears the mark of certain systems of law. This paper presents the structure of the court systems in the USA, the UK and Romania and attempts to identify better ways of language transfer from one system into another. [ABSTRACT FROM AUTHOR]

The article cites a study that analyses if changes introduced in Great Britain's law have more stringent anti-money laundering measures at some offshore financial centers as compared to their onshore counterparts. It is noted that the study focused on the Crown Dependencies and the British Overseas Territories of Bermuda and the Cayman Islands. The study included the U.S., Great Britain and Australia as the onshore jurisdiction. According to the study, the Crown Dependencies and the selected Overseas Territories are outdoing the onshore jurisdiction in many cases.

The board or the shareholders are authorized to react when the company becomes a target of a hostile takeover bid. This reflects two value inclinations in corporate governance: the U.K. and the U.S. In the U.K., it is shareholders who play a primary role. By contrast, in the U.S., the board decides independently. Comparing the advantages and disadvantages of these two models, the board in the U.S. model is more likely to exert efforts and mitigate its drawbacks under regulations provided by the U.S. model while handling a hostile takeover. In contrast, the shareholders in the U.K. model have limited effects because it depends on their authority to handle a hostile takeover. This disadvantage makes it worse compared to the U.S. model. The discrepancy between these models reflects their variously regulated branches and value inclinations. Other jurisdictions can transplant the U.S. model to mitigate similar issues as an advanced model. However, in doing so, these jurisdictions need to be careful because the success of the U.S. model does not diverge from some elements on which it relies. Such elements are different in different jurisdictions. When one compares the branches and value orientation of the U.S. legal environment and the Chinese legal environment, one sees how difficult it can be for a jurisdiction without similar elements to those of the transplanted model to exert its efforts. [ABSTRACT FROM AUTHOR]

This paper analyses and considers the impact of a landmark decision by the European Court of Human Rights in January 2003 which highlighted the inadequacy of U.K. law in protecting the privacy of individuals captured on closed-circuit television (CCTV) cameras in public places. The domestic and Strasbourg decisions in the Peck case are assessed. Analysis of the subsequent responses of Government, the Courts and the media demonstrates that the lessons of Peck have yet to be learnt, and the Human Rights Act 1998 has failed to 'bring rights home' when it comes to Article 8 of the European Convention on Human Rights (ECHR), which guarantees the citizen the right to respect for private life. Privacy in the U.K. is now at best a residual right: what's left after each of an array of competing concerns have their say. [ABSTRACT FROM AUTHOR]

Title 28 U.S.C. § 1782 empowers American federal courts to order persons in the United States to give testimony or to produce documents "for use in a proceeding in a foreign or international tribunal." But disagreement persists, both in the courts and among commentators, as to whether the phrase "international tribunal" in § 1782 includes "private" international commercial arbitral tribunals. The circuit split that has emerged in this regard and the lack of a uniform approach across the United States has created uncertainty and unpredictability in international commercial arbitration practice, which are not conducive to orderly international commercial transactions and dispute resolution. In this article, I approach the debate from a comparative perspective that has thus far been underutilized in the literature. Given that one of the main purposes of § 1782 is to promote comity and cooperation among nations, I undertake a detailed examination of recent jurisprudential and legislative developments in two jurisdictions--the United Kingdom and New Zealand--with respect to judicial assistance in the taking of evidence from persons located in their territory for use in private international commercial arbitration. Notwithstanding differences in their general approach to discovery, these, and other, jurisdictions are increasingly allowing for such judicial assistance. Therefore, I argue that American courts should similarly interpret § 1782 to allow, in principle, discovery in relation to private international commercial arbitrations. Courts should then exercise their discretion in enforcing the provision in accordance with clear and uniform criteria that will promote the goals of both § 1782 and international commercial arbitration and prevent abuse and unnecessary judicial intervention. [ABSTRACT FROM AUTHOR]

This article provides an overview of the key features of multinational human rights litigation in the United Kingdom, including the development of a tort-based parent company duty of care, the principles relating to forum non conveniens and applicable law and other key procedural and practical barriers to victims' access to justice. The article highlights some of the actual and perceived limitations of litigation. It also considers the concurrent development of and mutually reinforcing relationship between MNC tort litigation and the field of Business & Human Rights. [ABSTRACT FROM AUTHOR]

Extraterritorial migration management perspectives on how states try to enforce immigration controls beyond their juridical borders are strongly influenced by 'remote control' metaphors. This is conceptually limited and outdated. Most research fails to sufficiently acknowledge agency by a destination state's officials acting abroad, foreign states and their officials, when evaluating extraterritorial measures and 'outcomes'. We study UK liaison officers abroad, specifically, how they see their efforts to implement extraterritorial immigration control through interactions with foreign state officials. Our approach links inter-state relations to the social world of on-the-ground 'street-level' interactions between officers abroad and their foreign counterparts. The empirical analysis draws from original interviews and official sources. We compare factors accounting for the UK's activities and perceived 'outcomes' across USA, France, Thailand, Egypt and Ghana. Findings show the UK's extraterritorial migration management results from a very long chain of decisions and actions, by foreign and UK state actors, operating at different institutional-levels, with uncontrollable local circumstances abroad. Realising extraterritorial goals depends strongly on liaison officers' agency, 'soft power' over foreign officials and foreign officials' willingness to cooperate. Meanwhile liaison officers' 'feedbacks' importantly influence Home Office decision-making. Against the simplistic one-way causality of 'remote control', this is 'street-level' agency beyond 'remote control'. [ABSTRACT FROM AUTHOR]

The combination of the long Brexit delays, largely unwelcome General Election, a change of leadership and Cabinet composition in the Conservative government and finally the coronavirus has between them resulted in a long pause in expected reforming legislation which is much needed in Family Law, including the initial loss of the Divorce Dissolution and Separation Bill 20191, generated in 2019 by the failure of Mrs Owens' ' Supreme Court appeal in the now notorious case of Owens v Owens.2 While this was immediately hailed by the media as justification for urgent reform of the Law of Divorce in England and Wales - on the grounds that English law was almost alone in modern liberal jurisdictions in lacking a No Fault Divorce regime - clearly this has now been overtaken by subsequent events. While it may be factually accurate that England and Wales does not have such a regime for dissolution of marriage without fault and by consent (at least without satisfying the inconvenient condition of waiting for the two-year delay necessary for a decree on the basis of two years of separation and consent), and perhaps should have one for the reason stated, the failed Owens appeal has absolutely no jurisprudential connection with any urgency for reform of the law in order to secure such a decree at all. This is because the legal profession has been effectively obtaining divorces under the present law for over 40 years, and, notwithstanding Owens, has been continuing to do so since 2018, albeit with the caveat that drafting must be undertaken with extreme care to be sure to avoid a repeated debacle. Nevertheless, on account of the age of the present statute, legal, political and social theorists of course have strong arguments for a No Fault addition to the existing Matrimonial Causes Act 1973 or even for replacing the existing provisions of that statute altogether. However this is because the present statute is itself a re-enactment and consolidation of the original Divorce Reform Act 1969 which led the post-WWII reforms creating our current Law of Divorce, so is well past its 'sell-by date', but not because it does not work in modern times. If anything, and especially with the assistance of s76 of the Serious Crime Act 2015, s 1(2)(b) of the 1973 Act works entirely consistently with present philosophy, that is, as marriage is a partnership of equals there is no place for any form of domestic abuse within it. In fact Mrs Owens thus could (and arguably should) have obtained her divorce on the existing basis, pursuant to s 1(2)(b) of the 1973 Act, namely on that of her husband's 'behaviour'. Thus, as indeed hinted by Lady Hale in her paragraph 50 of the Supreme Court judgment, which she added to the agreed text set by Lord Wilson, there was clear evidence of the alleged 'authoritarian, demeaning and humiliating conduct over a period of time', which in law was capable of founding a decree, and there was existing case law supporting this in the case of Livingstone-Stallard v Livingstone-Stallard. Consequently in her paragraph 53 she identified what in her view was thus 'the correct disposal ... to allow the appeal and send the case back to be tried again' - which, however, could not be adopted in the particular circumstances, owing to the fact that no one, including the Appellant, Mrs Owens, wanted to go through such a trial again, not least as even her counsel, Philip Marshall QC, 'viewed such a prospect with dread'. Thus, in her paragraph 54, Lady Hale concluded that she was 'reluctantly persuaded that this appeal should be dismissed' - a conclusion, however, not stopping her from including some forthright comments on the conduct of the case below, with which any analysis can only agree. So, whatever happened in Owens v Owens? In the Central London Family Court, the Court of Appeal and the Supreme Court? [ABSTRACT FROM AUTHOR]

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