d_Nott-law jnl25_cover_Nott-Law_cv 25/07/2016 13:18 Page 1 N O T T I N In this issue: G H A M L Helen O’Nions A EDITORIAL W J O U R N A ARTICLES L How Many Contracts in an Auction Sale? James Brown and Mark Pawlowski NOTTINGHAM LAW JOURNAL The Legal Prospective Force of Constitutional Courts Decisions: Reflections from the Constitutional Jurisprudence of Kosovo and Beyond Visar Morina Journal of Nottingham Law School Don’t Take Away My Break-Away: Balancing Regulatory and Commercial Interests in Sport Simon Boyes The Creative Identity and Intellectual Property Janice Denoncourt THEMATIC ARTICLES: PERSPECTIVES ON THE ISLAMIC FACE VEIL Introduction Tom Lewis Articles S.A.S v France : A Reality Check Eva Brems Human Rights, Identity and the Legal Regulation of Dress Jill Marshall No Face Veils in Court Felicity Gerry QC Face Veils and the Law: A Critical Reflection Samantha Knights The Veiled Lodger – A Reflection on the Status of R v D Jeremy Robson Why the Veil Should be Repudiated* Yasmin Alibhai-Brown 2 0 1 6 *Extract from Refusing the Veil, 2014. Published with kind permission of Biteback V Publishing, London. O L U Continued on inside back cover M E T W E N Nottingham Law School T The Nottingham Trent University Y Burton Street F I V Nottingham E NG1 4BU England £30.00 Volume 25, 2016 d_Nott-law jnl25_cover_Nott-Law_cv 25/07/2016 13:18 Page 2 Continued from outside back cover Book Reviews E Brems (ed.) The Experiences of Face Veil Wearers in Europe and the Law Cambridge University Press, 2014 Amal Ali Jill Marshall Human Rights Law and Personal Identity Routledge, 2014 Tom Lewis CASE NOTES AND COMMENTARY Killing the Parasite in R v Jogee Catarina Sjolin-Knight Disputing the Indisputable: Genocide Denial and Freedom of Expression in Perinçek v Switzerland Luigi Daniele Innocent Dissemination: The Type of Knowledge Concerned in Shen, Solina Holly v SEEC Media Group Limited S.H. Chan Pledges over Inventory in France Jonathan Wood BOOK REVIEWS George A Akerlof and Robert J Shiller Phishing for Phools: The Economics of Manipulation and Deception Princeton University Press, 2015 Graham Ferris STUDENT ESSAY Winner of the Nottinghamshire Law Society’s Kevin De Silva Memorial Essay Competition. Should there be Cameras in Court? Thomas Goodman Printed in the United Kingdom by Henry Ling Limited, at the Dorset Press, Dorchester, DT1 1HD NOTTINGHAM LAW JOURNAL VOL. 25 2016 General Editor Dr Helen O’Nions, LLB (Middlesex), LLM (Leicester), PGDip HE Associate Editor Ms Janice Denoncourt, BA (McGill), LLB (W.Aust.), LLM, Solicitor 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 Mr Chuka Agbu, Lexavier Partners, Nigeria 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). Marketing: Alfonso Valero, LLB (Complutense of Madrid), LLM (QMUL), PGC Sports Law (King’s College), PGC HE (Nottingham Trent University) 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 (2016) 25 Nott L J. ISSN No. 0965–0660 Except as otherwise stated, © 2016 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. 25 2016 CONTENTS v EDITORIAL Helen O’Nions ARTICLES 1 How Many Contracts in an Auction Sale? James Brown and Mark Pawlowski 16 The Legal Prospective Force of Constitutional Courts Decisions: Reflections from the Constitutional Jurisprudence of Kosovo and Beyond Visar Morina 28 Don’t Take Away My Break- Away: Balancing Regulatory and Commercial Interests in Sport Simon Boyes 39 The Creative Identity and Intellectual Property Janice Denoncourt Thematic Articles: Perspectives on the Islamic Face Veil 55 Introduction Tom Lewis Articles 58 S.A.S v France: A Reality Check Eva Brems 73 Human Rights, Identity and the Legal Regulation of Dress Jill Marshall 86 No Face Veils in Court Felicity Gerry QC 97 Face Veils and the Law: A Critical Reflection Samantha Knights 105 The Veiled Lodger – A Reflection on the Status ofR v D Jeremy Robson 112 Why the Veil Should be Repudiated* Yasmin Alibhai- Brown Book Reviews 119 E Brems (ed.) The Experiences of Face Veil Wearers in Europe and the Law Cambridge University Press, 2014 Amal Ali 124 Jill Marshall Human Rights Law and Personal Identity Routledge, 2014 Tom Lewis *Extract from Refusing the Veil, 2014. Published with kind permission of Biteback Publishing, London. iii CASE NOTES AND COMMENTARY 129 Killing the Parasite in R v Jogee Catarina Sjolin- Knight 141 Disputing the Indisputable: Genocide Denial and Freedom of Expression in Perinçek v Switzerland Luigi Daniele 152 Innocent Dissemination: The Type of Knowledge Concerned in Shen, Solina Holly v SEEC Media Group Limited S.H. Chan 158 Pledges over Inventory in France Jonathan Wood BOOK REVIEWS 162 George A Akerlof and Robert J Shiller Phishing for Phools: The Economics of Manipulation and Deception Princeton University Press, 2015 Graham Ferris STUDENT ESSAY 167 Winner of the Nottinghamshire Law Society’s Kevin De Silva Memorial Essay Competition. Should there be Cameras in Court? Thomas Goodman iv NOTTINGHAM LAW JOURNAL VOL. 25 2016 EDITORIAL I am very pleased to introduce Volume 25 of the Nottingham Law Journal. I hope you will agree that this is a particularly strong issue with a diverse and stimulating range of contributions. Our articles of contemporary legal significance include something of interest to international lawyers, contract lawyers, public lawyers, sports lawyers and those working and researching in the field of intellectual property. Professor Mark Pawlowski and Dr James Brown explore how contract law applies in auction sales, a hitherto unexplored field of enquiry and, by their own admission, ‘no easy task’. An entirely different field, albeit equally unexplored and intricate, is examined by Visar Morina from the University of Pristina in his analysis of the role of precedent in Kosovan constitutional courts. Our third article sees Simon Boyes extending his considerable knowledge of sports law to investigate the legal position of sports regulatory bodies. Finally, Dr Janice Denoncourt combines theory and practice in an interdisciplinary consideration of how best to protect the creative identity through intellectual property law. Our thematic articles arise from a symposium held at Nottingham Law School in March 2015 on the legal implications relating to the ban on the face veil which became the subject of a particularly contentious European Court of Human Rights’ decision in SAS v France. The section includes submissions from highly respected academics and legal practitioners who critically examine the reasoning and impact of the Court’s judgment through perspectives grounded in personal autonomy and religious freedom. A contrasting and reliably challenging angle is provided by the feminist, Muslim jour- nalist, Yasmin Alibhai- Brown, who views the veil as a ‘rejection of progressive values’. The papers are introduced by director of the Centre for Conflict, Rights and Justice at Nottingham Law School, Tom Lewis. As is customary I would like to extend my sincere gratitude to all the contributors, reviewers, subscribers and readers of the Nottingham Law Journal. Particular thanks are owed to my assistant editor, Janice Denoncourt who not only managed to offer her own erudite contribution to this edition but was also called upon at the eleventh hour to review a case commentary from the Paris Court of Appeal. Additionally I wish to thank Louise Taylor for checking my proof- reading, thus enabling me to dilute my own accountability for any editorial errors.