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Europe and Eurasia
E u r o p e a n d E u r a s i a 1 4 European Union Law L u d w i g K r ä m e r ( A ) I n t r o d u c t i o n Th e European Union legal system 1 4 . 0 1 Th e European Union (‘EU’) is a regional integration organisation consisting at present of twenty-seven European Member States that have transferred part of their sovereignty to the EU. Th e EU is based on international treaties – the Treaty on European Union (‘TEU’) and the Treaty on the Functioning of the European Union (‘TFEU’) – and its power to act is laid down in the various provisions of these treaties; there is no ‘common law’ applicable to it. In this regard, the EU is similar to a civil law country. 1 4 . 0 2 A n u m b e r o f s p e c i fi c features distinguish the EU from traditional international organisations. First, the TEU and TFEU address not only the relations between the Member States and the EU insti- tutions, but also establish rights and obligations for individuals. Second, though legislative decisions in climate change matters are taken by majority vote in the European Parliament – whose members are directly elected – and the Council, which consists of the governments of the twenty-seven Member States, the adop- tion of legislation on climate change is only possible on the basis of a proposal by the European Commission. Th e Commission oversees the application of EU law in the Member States, and has the duty to act in the general interest of the EU rather than in the interest of the individual Member States. -
JUDGMENT AXA General Insurance Limited and Others (Appellants)
Michaelmas Term [2011] UKSC 46 On appeal from: [2011] CSIH 31 JUDGMENT AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) (Scotland) before Lord Hope, Deputy President Lord Brown Lord Mance Lord Kerr Lord Clarke Lord Dyson Lord Reed JUDGMENT GIVEN ON 12 October 2011 Heard on 13, 14 and 15 June 2011 Appellant 1st Respondent Richard Keen QC Alan Dewar QC Jane Munro James Mure QC (Instructed by Brodies (Instructed by Scottish LLP) Government Legal Directorate Litigation Division) 2nd Respondent 3rd-10th Respondents Ruth Crawford QC Aidan O’Neill QC John MacGregor Chris Pirie (Instructed by Office of (Instructed by Thompsons the Solicitor to the Solicitors Glasgow Advocate General for Scotland) Scotland Intervener (First Minister Intervener (Attorney of Wales) General for Northern Ireland) Theodore Huckle QC John F Larkin QC Clive Lewis QC Donal Sayers BL (Instructed by Welsh (Instructed by Solicitors Assembly Government for the Attorney General Legal Services for Northern Ireland) Department, Cardiff) Intervener (Friends of the Intervener (Department of Earth Scotland Ltd) Finance and Personnel (Northern Ireland)) Simon Collins Paul Maguire QC Paul McLaughlin BL (Instructed by Patrick (Instructed by Campbell & Co Solicitors) Departmental Solicitor’s Office) LORD HOPE 1. The appellants are insurance companies, whose business includes the writing of employers’ liability insurance policies. They undertake to indemnify the employer in respect of any liability incurred by it for harm or injury arising out of the employer’s negligence. They have brought these proceedings to challenge the lawfulness of an Act of the Scottish Parliament which was passed on 11 March 2009, received the Royal Assent on 17 April 2009 and came into force on 17 June 2009. -
Tort Law Notes
https://www.uninote.co.uk/vendor/kings-llb-student/ All rights reserved to the author. Tort Law Notes Part 1 out of 2 [127 pages] Contents: Intentional Interferences with the Person + Defences Occupiers’ Liability Nuisance + The Tort in Rylands v Fletcher Remedies Vicarious Liability 1 https://www.uninote.co.uk/vendor/kings-llb-student/ All rights reserved to the author. Intentional Interferences with the Person Who can sue whom, in what tort, for what damage and are there any defences? Causes of Action Trespass to the person is an intentional tort = the conduct must be deliberate. It is the act and not the injury that has to be intentional, D does not need to intend to commit a tort or cause harm. Trespass is actionable without proof of damage. Letang v Cooper [1965] QB 232 Patch of land/grass used as car park for a hotel. Claimant sunbathing on that patch, car ran over her. Suffered severe injuries to her legs, she sued. It mattered whether she was bringing her claim in the tort of battery and in the tort of negligence because of the limitation period. This no longer applies because of new statute (private law 6 years, personal injury 3 years). Lord Denning: “We divide the causes of action now according as the defendant did the injury intentionally or unintentionally.” Intentionally = trespass to the person Unintentionally = negligence ASSAULT An assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person. Assault protects the right not to be put in fear of unlawful invasion of our integrity. -
Southampton Student Law Review 2011 Volume 1, Issue 1
Southampton Student Law Review 2011 volume 1, issue 1 5 Southampton Student Law Review University of Southampton School of Law Published in the United Kingdom By the Southampton Student Law Review School of Law University of Southampton SO17 1BJ In affiliation with the University of Southampton School of Law All rights reserved. Copyright© 2011 University of Southampton. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the Southampton Student Law Review and the author, to whom all requests to reproduce copyright material should be directed, in writing. The views expressed by the contributors are not necessarily those of the Editors of the Southampton Student Law Review. Whilst every effort has been made to ensure that the information contained in this journal is correct, the Editors do not accept any responsibility for any errors or omissions, or for any resulting consequences. The Editors wish to thank Dr. Oren Ben Dor, Dr. Alun Gibbs and Ms Johanna Hjalmarsson. © 2011 Southampton Student Law Review ISSN 2047 - 1017 This volume should be cited (2011) 1 S.S.L.R. Editorial Board 2011 Editor Harry East Associate Editors Ross W Martin Emma Nottingham Thomas Webber Editorial Board Semande Ayihongbe Aysegul Bugra Dingjing Huang Haedong Jeon Assad Khan Konstantinos Kofopoulos Miao Li Ioanna Magklasi Siven Pillay Rungien Meixian Song Valerio Torti Jingbo Zhang Academic Advisors Dr. Oren Ben Dor Dr. Alun Gibbs Ms Johanna Hjalmarsson The editors wish to thank all members of the University of Southampton School of Law who have helped in the creation of this volume Table of Contents Foreword ............................................................................................................ -
MOTOR VEHICLE REPORTS Sixth Series/Sixi`Eme S´Erie Recueil De Jurisprudence En Droit Des V´Ehicules A` Moteur
MOTOR VEHICLE REPORTS Sixth Series/Sixi`eme s´erie Recueil de jurisprudence en droit des v´ehicules a` moteur VOLUME 4 (Cited 4 M.V.R. (6th)) EDITOR-IN-CHIEF/REDACTEUR´ EN CHEF Murray D. Segal, B.A., B.C.L., LL.B. Deputy Attorney General Province of Ontario ASSOCIATE EDITORS/REDACTEURS´ ADJOINTS Justice Rick Libman Ontario Court of Justice (Provincial Division) Toronto, Ontario John C. Pearson, B.A., LL.B., LL.M. Liz Rice, B.A., LL.B. Director, Crown Operations Barrister & Solicitor Central West Region Toronto, Ontario Ministry of Attorney General Ontario CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Jeffrey D. Mitchell, B.A., M.A. Director, Editorial Production and Manufacturing Graham B. Peddie, LL.B. Product Development Manager Sharon Yale, LL.B., M.A. Julia Fischer, B.A.(HON.), LL.B. Supervisor, Legal Writing Acting Supervisor, Legal Writing Dionne Chambers, B.A., LL.B. Jim Fitch, B.A., M.A., LL.B. Senior Legal Writer Senior Legal Writer Peggy Gibbons, B.A.(HON.), LL.B. Natasha Major, B.A., LL.L. Senior Legal Writer Senior Legal Writer Anne Simpson, B.A., M.L.S., LL.B. Eden Nameri, B.A., LL.B. Senior Legal Writer Legal Writer Martin-Fran¸cois Parent, LL.B., Jackie Bowman LL.M., DEA (PARIS II) Content Editor Bilingual Legal Writer MOTOR VEHICLE REPORTS, a national series of topical law reports, is Recueil de jurisprudence en droit des v´ehicules a` moteur, une s´erie na- published 12 times per year. Subscription rate $362.00 per bound volume in- tionale de recueils de jurisprudence sp´ecialis´ee, est publi´e 12 fois par ann´ee. -
Regulatory Reform – the New UK Regime: Law-Now Alerts, Tools and Latest News
Regulatory reform – the new UK regime: Law-Now alerts, tools and latest news Law-Now alerts and other tools Chart: International, European and UK institutions (the 2013 position) (3/07/13) Law-Now: “ The Banking Standards Report: The new offence of reckless misconduct ” (18/07/13) Law Now: “ The Government responds to the Parliamentary Commission on Banking Standards Report ” (12/07/13) Law-Now: “ Parliamentary Commission on Banking Standards Final Report ” (25/06/13) Click here to access archived Law-Now alerts and other tools Latest news Topics covered UK FSCS reform UK The Financial Services (Banking Reform) Act 2013 (Commencement No. 4) Order 2014/823 (C.32) This Order brings into force certain provisions of the Act relating to the competition functions given to the Payment Services Regulator (established under this Act) concurrently with CMA (established under the Enterprise and Regulatory Reform Act 2013). This is the fourth commencement order to be made under the Act. (Date in force: 1/04/14) (27/03/14) http://www.legislation.gov.uk/uksi/2014/823/pdfs/uksi_20140823_en.pdf The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) (No. 2) Order 2014/835 This Order makes various supplemental and transitional provisions in consequence of provisions made by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013/1881) (“the RAO Amendment No. 2 Order”). Article 2 amends the RAO Amendment No. 2 Order. Part 20 FSMA provides an exemption from the need for authorisation for members of professional bodies who carry on regulated activity which is merely incidental to the provision of professional services; such regulated activity must be the only regulated activity the member firm undertakes. -
Principles of Tort Law Rachael Mulheron Frontmatter More Information
Cambridge University Press 978-1-108-72764-8 — Principles of Tort Law Rachael Mulheron Frontmatter More Information Principles of Tort Law Presenting the law of Tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences, and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, while key reform pro posals and leading cases from other jurisdictions illustrate different potential solutions to conun- drums in Tort law. A rich companion website, featuring semesterly updates, and ten additional chapters and sections on more advanced areas of Tort law, completes the learning package. Written speciically for students, the text is also ideal for practitioners, litigants, policy-makers, and law reformers seeking a comprehensive and accurate understanding of the law. Rachael Mulheron is Professor of Tort Law and Civil Justice at the School of Law, Queen Mary University of London, where she has taught since 2004. Her principal ields of academic research concern Tort law and class actions jurisprudence. She publishes regularly in both areas, and has frequently assisted law reform commissions, government departments, and law irms on Tort-related and collective redress- related matters. Professor Mulheron also undertakes extensive law reform work, previously as a member of the Civil Justice Council of England and Wales, and now as Research Consultant for that body. -
Access to Justice: Keeping the Doors Open Transcript
Access to Justice: Keeping the doors open Transcript Date: Wednesday, 20 June 2007 - 12:00AM ACCESS TO JUSTICE: KEEPING THE DOORS OPEN Michael Napier Introduction In this Reading I would like to explore the various doors that need to be located, and then opened, if people are to gain access to justice. Obtaining access means negotiating an opening, so it is appropriate that this evening we are gathered together at Gresham's College, described in Claire Tomalin's biography of Samuel Pepys [1] as the 'first Open University'. In 1684, when Pepys was its President, the Royal Society used to meet at Gresham's College for open discussion, studying the evidence of experiments that would prise open the doors of access to scientific knowledge. But access to legal knowledge is very different from the formulaic precision of a scientific experiment, and those who seek access to justice need to know how to negotiate the route. It is not easy. As we all made our way here this evening along Holborn to the ancient splendour of Barnard's Inn Hall we were actually following in the footsteps of the many citizens who have trodden for centuries the footpaths and byways of Holborn, pursing access to justice: 'London 1853. Michaelmas term lately over. Implacable November weather. As much mud in the streets as if the waters had but newly retired from the face of the earth and it would not be wonderful to meet a Megalosaurus waddling... up Holborn hill. Fog everywhere. And hard by Temple Bar in Lincoln's Inn Hall at the very heart of the fog sits the Lord High Chancellor.. -
Questioning the Social Desirability of Product Liability Claims Submitted
Questioning the Social Desirability of Product Liability Claims Submitted by Trevor Jonathan Fox to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Legal Practice In July 2015 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has been previously submitted and approved for the award of a degree by this or any other University. Signature………………………………………………………………………………… 1 | P a g e ABSTRACT Questioning the Social Desirability of Product Liability Claims This thesis seeks to answer the primary question as to whether Product Liability Claims are socially desirable by reference to three Product Liability case studies and a survey of 132 archived Product Liability claims. These constitute a representative random sample of Product Liability cases handled by the Author’s Legal Practice. This practice has provided a window through which serious failings are identified in (i) the strict liability based Product Liability Directive; (ii) tort itself as a mechanism for compensating injured persons; and (iii) the procedural infrastructure in which claims are made, as recently reformed in accordance with Lord Justice Jackson’s recommendations. This thesis tests Product Liability claims against the objectives of tort: deterrence; corrective justice; retribution and vindication; distributive justice and compensation. It is found that Product Liability claims fail to meet the defined standard of social desirability. There is nothing special about products to necessitate or justify a bespoke system of liability. -
Medical Negligence Litigation in Nigeria: Identifying the Challenges and Proposing a Model Law Reform Act
Medical Negligence Litigation in Nigeria: Identifying the Challenges and Proposing a Model Law Reform Act A Thesis submitted to the Trinity College, Dublin in fulfilment of the requirement of the award of the Degree of Doctor of Philosophy Komolafe Akinlabi Richard Obafemi 2017 School of Law Trinity College, Dublin i DECLARATION I declare that this thesis is entirely my own work and has never been submitted for any degree or examination in any university. DATED: SIGNED: ______________________________ Komolafe Akinlabi Richard Obafemi ii Abstract This thesis examines the present law and practice of Nigeria in relation to medical negligence litigation and makes proposals for reform. The present position is highly problematic. There are major shortages in medical resources in hospitals. There has been a “brain drain” of doctors and nurses from Nigeria to richer countries. The cultural and religious attitudes in parts of Nigeria tend to weaken the assertion by patients of their rights. A further difficulty is the absence of reported case law and the very limited academic analysis of the subject. As a matter of both international human rights law and constitutional law, it is necessary that Nigerian law on medical negligence should be reconstituted and codified. For this reason, the thesis contains a Model Act, designed to reflect the best insights of lawyers throughout the world but, more particularly, to take account of the indigenous factors in Nigeria – resource limitations, religious beliefs, cultural attitudes to gender and autonomy, for example – so that the legislation will represent best practice for Nigeria rather than some theoretical model for reform. The thesis thus examines in considerable detail the constitutional and international human rights aspects of the protection of the right to health, as many of the deficiencies in the delivery of healthcare in Nigeria are attributable to failures at governmental level. -
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law Lesley-Anne Barnes Macfarlane LLB (Hons), Dip LP, PGCE, LLM A thesis submitted in partial fulfilment of the requirements of Edinburgh Napier University, for the award of Doctor of Philosophy May 2014 1 Acknowledgements I would like to express my sincere gratitude to my supervisors, Dr Richard Whitecross and Dr Sandra Watson, for giving me their time, guidance and assistance in the writing up of my PhD Critical Appraisal of published works. I am indebted to my parents, Irene and Dennis, for a lifetime of love and support. Many thanks are also due to my family and friends for their ongoing care and companionship. In particular, I am very grateful to Professors Elaine E Sutherland and John P Grant for reading through and commenting on my section on Traditional Legal Research Methods. My deepest thanks are owed to my husband, Ross, who never fails in his love, encouragement and practical kindness. I confirm that the published work submitted has not been submitted for another award. ………………………………………… Lesley-Anne Barnes Macfarlane Citations and references have been drafted with reference to the University’s Research Degree Reference Guide 2 CONTENTS VOLUME I Abstract: PhD by Published Works Page 8 List of Evidence in Support of Thesis Page 9 Thesis Introduction Page 10 (I) An Era of Change in the Individual’s Rights, Status and Capacity in Scots Law (II) Conceptual Framework of Critical Analysis: Rights, -
Oxford University Undergraduate Law Journal ~
THE OXFORD UNIVERSITY UNDERGRADUATE LAW JOURNAL ~ ISSUE EIGHT TRINITY TERM 2019 2 The views expressed by the contributors are not necessarily those of the Editorial or Honorary Board of the Oxford University Undergraduate Law Journal. Whilst every effort has been made to ensure that the information contained in this journal is correct, the Editors and the authors cannot accept any responsibility for any errors or omissions, or for any consequences resulting therefrom. © 2019 Individual authors ISSUE VIII (2019) 3 THE EIGHTH EDITORIAL BOARD EDITORS-IN-CHIEF Kenneth Chong Anna Yamaoka-Enkerlin Magdalen College Pembroke College EDITORS Adrian Burbie Niamh Kelly Merton College Merton College SENIOR ASSOCIATE EDITORS Tim Koch Oskar Sherry Jesus College Lady Margaret Hall ASSOCIATE EDITORS Jonas Atmaz Al- Eliza Chee William Chen Sibaie University College Harris Manchester St John’s College College Ee Hsiun Chong Edwin Ewing Bruno Ligas- St John’s College St John’s College Rucinski Christ Church Francesca Parkes Ming Zee Tee George Twinn Corpus Christi Jesus College St Hilda’s College College Joshua Wang St Catherine’s College SPONSORSHIP OFFICER PUBLICITY OFFICER Isadora Janssen Kulsimran Sidhu Merton College Mansfield College 4 THE HONORARY BOARD Sir Nicolas Bratza Professor Michael Bridge Donald Findlay QC Professor Christopher Forsyth Ian Gatt QC The Rt Hon. the Lord Judge The Rt Hon. the Lord Kerr of Tonaghmore Michael Mansfield QC The Rt Hon. the Lord Neuberger of Abbotsbury The Rt Hon. the Lord Phillips of Worth Matravers The Lord Pannick