NOTTINGHAM LAW JOURNAL VOL. 22 2013 General Editor Dr Helen O’Nions, LLB (Middlesex), LLM (Leicester), PGDip HE Assistant Editor Ms Andrea Nicholson, LLB (Buckinghamshire), LLM (Durham) Advisory Board The Rt Hon the Lord Saville of Newdigate The Rt Hon Sir Philip Otton Judge Bostjan Zupancic, the European Court of Human Rights Prof Conor Gearty, London School of Economics Prof Mark Findlay, University of Sydney Prof Michael J. Gunn, University of Staffordshire Mr Jonathan Griffiths, Queen Mary, University of London Prof Geraint Howells, Lancaster University Prof Martin Hunter, Essex Court Chambers & Nottingham Prof Robert G. Lee, Exeter Law School Law School Mr Christopher Muttukumaru, Director of Legal Mr Roger Leng, University of Warwick Services, Department of Transport Prof Gary Watt, University of Warwick Prof John Peysner, University of Lincoln Prof Barry Rider, University of Cambridge Prof Mary Seneviratne, Nottingham Law School Mr Paul Smith, Partner, Eversheds Mr Marc S. Stauch, Leibnitz University, Hannover Mr John Snape, Warwick University Prof Adrian Walters, Nottingham Law School Dr Kim Stevenson, University of Plymouth Prof George A. Sarpong, former Director Ghana Dr Christian Twigg-Flesner, University of Hull School of Law Prof Stephen Weatherill, University of Oxford Editorial Board Development: Mrs Louise Taylor, LLB (Hons), Scots Law, University of Dundee (2002) Diploma in Legal Practice, University of Dundee (2003), PGCHE, Nottingham Trent University (2008). Book Reviews and Case Notes: Ms Janice Denoncourt, BA (McGill), LLB (W.Aust.), LLM, Solicitor Administrative Assistant Ms Carole Vaughan The Nottingham Law Journal is a refereed journal, normally published in Spring each year. Contributions of articles, case notes and book reviews to the Journal are welcomed. Intending contributors are invited to contact the Editor for a copy of the style sheet, which gives details of the format which submissions must follow. Submissions and enquiries should be addressed to: Dr Helen O’Nions, Nottingham Trent University, Burton Street, Nottingham, NG1 4BU. Telephone 0115 941 8418. Ms O’Nions can also be contacted on the following e-mail addresses: helen.o’[email protected]. Style notes and further details about the Journal are available on request. Intending subscribers should please contact Ms Carole Vaughan at the above address. Intending subscribers in North America are advised to contact Wm W Gaunt & Sons. Inc, Gaunt Building, 3011 Gulf Drive, Holmes Beach, Florida 3417 2199. The citation for this issue is (2013) 22 Nott L J. ISSN No. 0965–0660 Except as otherwise stated, 2013 Nottingham Trent University and contributors. All rights reserved. No part of this Journal may be reproduced or transmitted by any means or in any form or stored in a retrieval system of whatever kind without the prior written permission of the Editor. This does not include permitted fair dealing under the Copyright, Designs and Patents Act 1988 or within the terms of a licence issued by the Copyright Licensing Agency for reprographic reproduction and/or photocopying. The authors of material in this issue have asserted their rights to be identified as such in accordance with the said Act. NOTTINGHAM LAW JOURNAL VOL 22 2013 CONTENTS v EDITORIAL Helen O’Nions ARTICLES 1 The Latest Attempt At Reform Of The House Of Lords – One Step Forward And Another One Back Mark Ryan 16 The Best Interests Of The Child In Uk Immigration Law Ayesha Christie 41 Neutrality Revised? Elizabeth Chadwick 53 The Pursuit Of ‘‘Socially Useful Banking’’ In Twenty-First Century Britain And Exploring Victorian Interactions Between Law, Religion, And Financial Marketplace Values Gary Wilson And Sarah Wilson Thematic Articles: Legal Perspectives on the Victim 76 Introduction Tom Lewis 77 Victims, Trauma, Testimony Sandra Walklate 90 The EU’s New Victims’ Rights Directive: Can Minimum Harmonization Work For A Concept Like Vulnerability? Richard Lang 104 Victimized By Regulation: The Victimogenicity Of Taxi Drivers Andy Noble 119 Anti-Social Behaviour, Harassment And The Context-Dependent Victim Phil Edwards CASE NOTES AND COMMENTARY 133 Key2Law (Surrey) LLP v De’Antiquis Court of Appeal (Civil Division) 20 December 2011 Paula Moffat and Sam Etukakpan 138 Reform to the Scheme for the Registration of Charges by Companies The Companies Act 2006 (Amendment of Part 25) Regulations 2013 (SI 2013/600) Janice Denoncourt iii The Life and Work of Elinor Ostrom 141 Introduction Graham Ferris 143 How Property Works: The Complex World View Alison Clarke BOOK REVIEWS 155 Andrew Keay The Corporate Objective Cheltenham, Edward Elgar, 2011 and, Gary Wilson The Enlightened Shareholder Value Principle and Corporate Governance London, Routledge, 2012 160 A J Wurzer, T Grunewal and D Reinhardt Valuation of Patents The Netherlands, Wolters Kluwuer, 2012 Janice Denoncourt STUDENT ESSAY PRIZES 163 CCRJ Symposium Prize Matthew Caples Kevin De Silva Memorial Prize 167 How Does Public Opinion Influence The Law? Sanel Susak iv NOTTINGHAM LAW JOURNAL VOL. 22 2013 EDITORIAL I am pleased to introduce the second annual edition of the Nottingham Law Journal featuring a series of thematically linked articles in addition to several, stimulating articles on matters of contemporary legal interest. In this volume, our thematically linked pieces derive from the Symposium Legal Perspectives on the Victim hosted by Nottingham Law School’s Centre for Conflict Rights and Justice in December 2012. These papers are introduced by the Centre’s director, Tom Lewis. Our articles on contemporary legal significance include the second part of Mark Ryan’s timely analysis on House of Lords reform; the application of the child welfare principle in the context of immigration control and the principle of state neutrality. The subject of socially useful banking, of great concern to many of us, concludes our article submissions. We are also delighted to host the winners of two student essay competitions. Research is alive and well at Nottingham Law School: Our Centre for Business and Insolvency Law is currently developing an online Insolvency Journal titled the Nottingham Insolvency and Business Law Electronic Journal (NIBLeJ). This will be made available in electronic form on an open-access basis via the Law School’s website. Submissions to the journal will be peer-reviewed by an international panel of experts in the business, commercial, corporate and insolvency areas. The first issue will appear in September 2013 and we hope to include a selection of the best early submissions in Volume 23 of the Nottingham Law Journal. In addition to our three active research centres, there have been a number of research seminars in the fields of health and sports law. At the time of going to press we are hosting the David Price Memorial Seminar Series ‘The Influence of Faith and Belief on the Formulation, Content and Operation of Health Law in the United Kingdom’, and a lunchtime seminar by Luca Pezzano comparing sports law in Italy and England. The theme of student participation is a common point of discussion in law schools. To add to this debate, Dr Colin Anderson has provided a seminar and follow-up workshop on student engagement in a digital world, entitled ‘Eighty percent of life is just turning up.’ Our editorial team consider these contributions to be the best from a large number of high-quality submissions, featuring analysis on subjects as diverse as parentage laws in Pakistan, homosexuality in Nigeria and cloud computing. We remain a small but committed team. 2012 saw the departure of Kay Wheat as case-note editor. Kay has provided invaluable support to the Nottingham Law Journal over the years and we would like to thank her for this important contribution. Janice Denoncourt will now be adapting her role to include case-notes with book reviews and we are delighted to welcome Louise Taylor to the editorial team. I would like to take this opportunity to sincerely thank all our contributors, subscribers and reviewers for the vital part they play in supporting the journal. Particular gratitude is owed to Raffia Arshad and Chuka Agbu who have taken time out of their busy schedules to offer new perspectives on our submissions concerning overseas legal systems. Finally, I must thank the rest of the editorial team and extend special thanks to my associate editor, Andrea Nicholson and, as always, the indispensable Carole Vaughan. DR HELEN O’NIONS v NOTTINGHAM LAW JOURNAL VOL. 22 2013 ARTICLES The address for submission of articles is given at the beginning of this issue. THE LATEST ATTEMPT AT REFORM OF THE HOUSE OF LORDS – ONE STEP FORWARD AND ANOTHER ONE BACK. MARK RYAN* INTRODUCTION ‘‘When it comes to House of Lords reform during this Parliament, the ship has sailed’’.1 Sadiq Khan, Shadow Lord Chancellor and Shadow Secretary of State for Justice, January 2013. In September 2012 the Deputy Prime Minister Nick Clegg made a statement in the House of Commons confirming that the House of Lords Reform Bill had been withdrawn.2 Although the Bill had secured a Second Reading in the House of Commons in July by the decisive margin of 462 to 124 votes,3 there was nevertheless an evident lack of support from MPs for the Bill’s accompanying Programme Motion. Without such a motion the Bill could not have realistically navigated its passage through the Commons.4 It might however have been so different as 2012 could have proved to have been the watershed year in the protracted history of Lords reform. Not only did a Joint Committee largely endorse the key elements of the Government’s draft Bill, but more significantly, the 2012 House of Lords Reform Bill was the first Government Bill aimed at substantial reform of the second chamber to be presented to the House of Commons since Harold Wilson’s Parliament (No. 2) Bill in December 1968.5 This article examines these most recent developments and concludes by considering the prospects for reform.