PROBLEMS IN FAMILY PROPERTY

2013 ◽  
Vol 72 (2) ◽  
pp. 301-312
Author(s):  
Simon Gardner
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Common Law ◽  
European Convention ◽  
The Common ◽  
The Law

AbstractThis article addresses and challenges recent comments to the effect that the common law rules about unmarried couples' property rights are uncertain, and (or but) that these rules yield an unfair result in a common scenario. It goes on to consider the Law Commission's proposed scheme aimed at reform of this area, raising the concern that this would violate Article 1 of the First Protocol to the European Convention on Human Rights.

The Future of Informed Consent in British Common Law

1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Informed Consent ◽  
Medical Profession ◽  
Common Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Future ◽  
The Common ◽  
The Law

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.

10. Industrial action

2019 ◽  
pp. 704-794
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Human Rights ◽  
Historical Development ◽  
Common Law ◽  
European Convention ◽  
Industrial Action ◽  
Unfair Dismissal ◽  
The Law ◽  
The Many ◽  
Contractual Rights ◽  
The Impact

This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered and the crucial immunity for tortious liability provided by the ‘golden formula’ including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.

scholarly journals Smith v Chief Constable of Sussex Police; [2008] UKHL; 50

2012 ◽  
Vol 21 (1) ◽  
pp. 141-152
Author(s):  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Law Reform ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Exclusive Focus

WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. First, they both concerned the recurring question of the ambit of police liability in the situation described by Lord Bingham thus: “…if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?”2  Secondly, considering the cases together highlighted the wider issue of the relationship between decisions under the Human Rights Act 1998 (hereafter the HRA) and the development of the common law. The Law Lords embarked on a more extensive examination of these issues in Smith and thus that case will be the exclusive focus of this note.  In addition, the study of Smith raises questions regarding proposals for law reform as well as about judicial perceptions of policy priorities. 

11. Judge-made law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common ◽  
The Law ◽  
The Uk

This chapter considers a further source of the UK constitution: the law made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law; or the interpretation of statutes. The two main approaches of the courts to interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. The interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.

Interpreting the Contours of Self-Defence within the Boundaries of the Rule of Law, the Common Law and Human Rights

2015 ◽  
Vol 79 (5) ◽  
pp. 330-343
Author(s):  
Catherine Elliott
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Common Law ◽  
European Convention ◽  
The Rule Of Law ◽  
The Common ◽  
Criminal Legal System ◽  
Objective Concept ◽  
Self Defence

The Crime and Courts Act 2013 has amended s. 76 of the Criminal Justice and Immigration Act 2008 on the amount of force a person can use in self-defence. The amended provision poses a dilemma for the courts: it states that only reasonable force can be used by a householder against a trespasser, but adds that force is unreasonable if it is grossly disproportionate. Until now, the courts have treated reasonable force and proportionate force as synonyms. This article suggests that the amended s. 76 should be interpreted to comply with the rule of law, incorporating the idea of equality before the law and legality. The courts should respect the traditional common law concept of reasonableness which is an impartial, objective concept that plays an important role across the whole of the criminal legal system. In addition, the article points out that the Act must be interpreted, where possible, in accordance with the European Convention on Human Rights to avoid the problems that arose with the defence of lawful chastisement.

11. Judge-made law

2020 ◽  
pp. 243-250
Author(s):  
Neil Parpworth
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common ◽  
The Law ◽  
The Uk

This chapter considers a further source of the UK constitution: the law that is made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law; or the interpretation of statutes. The two main approaches of the courts to interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. In addition, the interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.

14. Privacy

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Common Law ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the emergence of a new action to protect privacy under the Human Rights Act 1998, with particular reference to unjustified publication of private information. It begins by considering whether privacy is a protected interest at common law and whether privacy must be recognised and given protection through the law of tort. It then examines the tools which have been used in the partial absorption of privacy as a protected interest in common law, citing the provisions of the Human Rights Act 1998 and Article 8 of the European Convention on Human Rights. The controversies surrounding disclosure of private information and the power of injunctions are also considered, along with the issue of intrusion as an invasion of privacy.

2. Sources of constitutional law and constitutional conventions

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Common Law ◽  
European Convention ◽  
Eu Law ◽  
Essential Information ◽  
Judicial Decisions ◽  
Fundamental Freedoms ◽  
Constitutional Conventions ◽  
The Common

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first discusses the five key sources of UK law: the common law in the form of judicial decisions and cases involving the interpretation of statutes, Acts of Parliament, EU law, the European Convention on Human Rights and Fundamental Freedoms, and the law and custom of Parliament. It then turns to the issue of constitutional conventions, covering the distinction between laws and conventions, whether constitutional conventions are binding, and examples of constitutional conventions.

21. Defamation and Injurious Falsehood

2019 ◽  
pp. 623-694
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Human Rights ◽  
Communication Technology ◽  
Digital Communication ◽  
Freedom Of Expression ◽  
Common Law ◽  
Passing Off ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Historic Origin

Defamation, a tort that protects a claimant’s reputation, has been the subject of much debate in recent years, culminating in the passing of the Defamation Act in 2013. A tort of historic origin, defamation raises novel challenges in an age of internet and digital communication technology, particularly given increasing concerns about freedom of expression, and the protection of privacy. Like many aspects of the law discussed in this book, moreover, defamation has not been left untouched by human rights developments. The chapter begins with an introduction to defamation, covering the meaning of ‘defamatory’ and libel and slander. It then discusses elements of liability, both in the common law, and under the Defamation Act 2013; defences; damages; mitigation of damage; and injurious falsehoods and passing off.

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