scholarly journals WHEN SEXUAL INFIDELITY TRIGGERS MURDER: EXAMINING THE IMPACT OF HOMICIDE LAW REFORM ON JUDICIAL ATTITUDES IN SENTENCING

2015 ◽  
Vol 74 (2) ◽  
pp. 307-328 ◽  
Author(s):  
Jeremy Horder ◽  
Kate Fitz-Gibbon
Keyword(s):  
Case Law ◽  
Law Reform ◽  
Loss Of Control ◽  
Sexual Infidelity ◽  
Before And After ◽  
Key Features ◽  
Homicide Law ◽  
The Uk ◽  
Substantive Law ◽  
The Impact

AbstractIn October 2010, the UK Parliament brought into effect law that replaced the partial defence to murder of provocation with a new partial defence of “loss of control”, applicable to England, Wales, and Northern Ireland. Although it retained some key features of its controversial predecessor, the new partial defence was in part designed better to address the gendered contexts within which a large number of homicides are committed. In examining the impact of the reforms, we will focus on long-held concerns about the treatment of sexual infidelity as a trigger for loss of control in murder cases. The article undertakes an analysis of English case law to evaluate the way in which sexual infidelity-related evidence has influenced perceptions of a homicide defendant's culpability, for the purposes of sentencing, both before and after the implementation of reform. The analysis reveals that, in sentencing offenders post reform, the higher courts have failed to follow the spirit of the reforms respecting the substantive law by effecting a corresponding change in sentencing practice.

EU Law Directions

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Case Law ◽  
Subject Area ◽  
Free Movement ◽  
Eu Law ◽  
Academic Quality ◽  
Experience Teaching ◽  
Free Movement Of Persons ◽  
The Uk ◽  
Substantive Law ◽  
The Impact

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective, as well as taking into account the fast-moving events in the UK generated by the result of the Brexit referendum. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the impact of the Lisbon Treaty, including changes to Article 263 TFEU; consideration of the latest case law, in particular the growing post-Keck cases in the free movement of goods; and new and expanded case summaries. This edition also includes an introductory chapter on competition policy and law.

Feminist Dialogues on International Law

2019 ◽  
Author(s):  
Gina Heathcote
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Institutions ◽  
Law Reform ◽  
Black British ◽  
The Uk ◽  
The Impact

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.

Changing Work and Work-Related Travel and the Impact of Covid-19

2021 ◽  
Vol 47 (3) ◽  
pp. 336-354
Author(s):  
Kiron Chatterjee ◽  
Fiona Crawford
Keyword(s):  
Health Outcomes ◽  
Digital Age ◽  
Data Series ◽  
Work Related ◽  
Policy Interventions ◽  
Working Practices ◽  
Key Features ◽  
The Uk ◽  
Almost All ◽  
The Impact

The nature of work was undergoing dramatic change before the pandemic as the digital age continued to transform all sectors of society. In this paper we describe pre-pandemic trends in types of work, the workforce and working arrangements in the UK. We show how these changes were having gradual yet significant impacts on commuting and other work-related travel which were apparent in national travel data series. Key features of these impacts were increasing diversification and flexibility in work travel. We bring together findings on how working practices and travel have been altered by the pandemic and report expectations and opinions on its longer-term legacies. The pandemic has accelerated pre-pandemic trends and led to a shift in how work is performed for almost all sectors of the economy – but grasping the opportunity for this to contribute to deep carbon reductions from transport and to improve equity and health outcomes will require carefully directed policy interventions.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

Relevance of EU Copyright Law to (Future) Non-EU Member States

2019 ◽  
pp. 173-198
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Case Law ◽  
Copyright Law ◽  
The European Union ◽  
Eu Member States ◽  
Exceptions And Limitations ◽  
Eu Copyright Law ◽  
Eu Directives ◽  
The Uk ◽  
The Impact

This chapter discusses the impact of CJEU copyright case law on national copyright regimes, even beyond the wording of EU directives as transposed into national legal systems. To this end, it focuses on the UK and, following a discussion of what immediate changes the departure from the EU and the EEA (Brexit) would have (also with regard to issues of exhaustion), it explores to what extent case law of the Court of Justice of the European Union (CJEU) has changed UK copyright law. EU decisions have had an impact in areas such as: copyright subsistence, subject matter categorization, primary/accessory liability, standard of infringement, exceptions and limitations, and enforcement (with particular regard to website blocking jurisprudence). Overall, this chapter shows the legacy of CJEU case law, and how pervasive the impact of such case law is.

scholarly journals Pre-Strike Ballots and Collective Bargaining: The Impact of Quorum and Ballot Mode Requirements on Access to Lawful Industrial Action

2018 ◽  
Vol 48 (3) ◽  
pp. 343-376
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
Collective Bargaining ◽  
Empirical Research ◽  
Trade Union ◽  
Qualitative Empirical Research ◽  
Industrial Action ◽  
Two Factors ◽  
Research Findings ◽  
Key Features ◽  
The Uk ◽  
The Impact

Abstract In 2016, the UK Parliament passed the Trade Union Act 2016 (TU Act 2016), which introduced new quorum and approval requirements for pre-strike ballots. In Australia, mandatory pre-strike ballots, including a quorum requirement, were first introduced in 2006. This article explains the key features of the Australian pre-strike ballot system and reports on quantitative and qualitative empirical research findings on the operation of the ballots process to analyse the majority and quorum requirements, mode of ballot (postal, attendance or electronic) and choice of ballot agent. Quorum is the biggest obstacle to Australian unions authorising strike action under the pre-strike ballot rules, and postal ballots fail to reach quorum at significantly higher rates than do attendance ballots. By introducing quorums and retaining the requirement that all pre-strike ballots must be conducted by post, the TU Act 2016 endorsed the two factors under the Australian regime most likely to impede the authorisation of strike action in a pre-strike ballot.

scholarly journals Environmental liabilities in insolvency – an area ripe for reform?

2016 ◽  
Vol 8 (3) ◽  
pp. 243-268
Author(s):  
Blanca Mamutse
Keyword(s):  
Case Law ◽  
Policy And Practice ◽  
Environmental Liabilities ◽  
Content Type ◽  
Legislative Reform ◽  
Perceived Need ◽  
Real Picture ◽  
The Uk ◽  
The Impact ◽  
A Company

Purpose The paper aims to examine the question whether legislative reform is the silver bullet for the problems generated by the failure of a company which is exposed to claims arising from the non-fulfilment of its environmental obligations. The limited capacity of the UK insolvency regime to facilitate the fulfilment of a debtor company’s environmental obligations is often illustrated with reference to some significant judicial decisions. However, no real picture has emerged of the frequency with which these issues arise, based on which firm proposals for reform could be advanced. This paper argues that greater regard should be paid to existing mechanisms which provide a means of enabling insolvency risks to be managed or minimised because these point towards the scope for these issues to be resolved through the environmental protection framework rather than through reliance on company and/or insolvency law. Design/methodology/approach Research was conducted into the statutory and non-statutory regulations (such as statutory guidance) and case law principles, which underpin the treatment of the claims against an insolvent (or potentially insolvent) company resulting from its environmental activities. This included research into policies which have a bearing on this area, developed through governmental and civic consultations and studies. Findings The paper concludes that the likelihood of a case for legislative reform being made out is weak, and the focus should accordingly shift to strengthening the effectiveness of existing law, policy and practice. Originality/value This paper is the first (in the UK context) to challenge the perceived need for reform in this area, engaging with recent examples of such corporate failures and the impact of recent legislative and policy developments.

scholarly journals Reduced fine sediment flux in response to the managed diversion of an upland river channel

2015 ◽  
Vol 3 (4) ◽  
pp. 1179-1220
Author(s):  
M. T. Perks ◽  
J. Warburton
Keyword(s):  
Suspended Sediment ◽  
Fine Sediment ◽  
Sediment Flux ◽  
Analysis Of Covariance ◽  
Before And After ◽  
Suspended Sediment Concentrations ◽  
Sediment Transfer ◽  
The Uk ◽  
The Impact ◽  
B Coefficients

Abstract. This paper describes the implementation of a novel mitigation approach and subsequent adaptive management, designed to reduce the transfer of fine sediment in Glaisdale Beck; a small upland catchment in the UK. Hydro-meteorological and suspended sediment datasets are collected over a two year period spanning pre- and post-diversion periods in order to assess the impact of the channel reconfiguration scheme on the fluvial suspended sediment dynamics. Analysis of the river response demonstrates that the fluvial sediment system has become more restrictive with reduced fine sediment transfer. This is characterised by reductions in flow-weighted mean suspended sediment concentrations from 77.93 mg L−1 prior to mitigation, to 74.36 mg L−1 following the diversion. A Mann–Whitney U test found statistically significant differences (p < 0.001) between the pre- and post-monitoring median SSCs. Whilst application of one-way analysis of covariance (ANCOVA) on the coefficients of sediment rating curves developed before and after the diversion found statistically significant differences (p < 0.001), with both Log a and b coefficients becoming smaller following the diversion. Non-parametric analysis indicates a reduction in residuals through time (p < 0.001), with the developed LOWESS model over-predicting sediment concentrations as the channel stabilises. However, the channel is continuing to adjust to the reconfigured morphology, with evidence of a headward propagating knickpoint which has migrated 120 m at an exponentially decreasing rate over the last 7 years since diversion. The study demonstrates that channel reconfiguration can be effective in mitigating fine sediment flux in upland streams but the full value of this may take many years to achieve whilst the fluvial system, slowly readjusts.

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