Legal digest: a summary of recent case-law

2002 ◽  
Vol 13 (2) ◽  
pp. 356-365
Author(s):  
Bridget Dolan
Keyword(s):  
Case Law ◽  
2020 ◽  
Author(s):  
Stephen Alexander ◽  
Michael Edwards

Abstract The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in this area are relatively well-defined, as per the Trusts (Jersey) Law 1984 (the Trusts Law) and a not inconsiderable body of case law derived from the Royal Court in Jersey as well as of the courts of England and Wales. However, it is useful to both professional trustees and legal practitioners alike when the Court provides further elucidation. The Geneva Trust Company case centred around the transfer of trust records for the D Discretionary Trust (the DDT) from the former trustee, Geneva Trust Company SA (formerly known as Rawlinson & Hunter Trustees SA) (the Former Trustee) to the current joint trustees, Fort Trustees Limited and Balchan Management Limited (collectively, the Current Trustees).


2001 ◽  
Vol 12 (3) ◽  
pp. 662-669
Author(s):  
Bridget Dolan
Keyword(s):  
Case Law ◽  

Author(s):  
Konstantinos Margaritis

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.


Author(s):  
Joaquín Brage Camazano

In this work, the author comments critically a recent case-law of the Constitutional Court about the cases in that the Administration doesn’t renew the yearly contract to a teacher of Catholic religion in public schools because the Bishop didn’t nominate him for that academic year because he failed to consider him a suitable teacher of religion, in part even on the basis of aspects related to his private life. In the Decision 38 of 2007, the Constitutional Court analyzes in abstract the compatibility with the Constitution of the Concordat which allows that «non renewall» of contract and it considers that this is in accordance with the Constitution but the Court lays down the demands that derive of the fundamental rights of the teacher and which should be kept in mind by the judges when enforcing this regulation to the concrete cases. In the Decision 128/2007, the Courth itself reviews a first concrete case of application of this doctrine. The Court gives great deference to the religious opinion of the Bishop when the «non renewal» is based on religious motivations in order to respect the collective freedom of religion.


Author(s):  
Antonio López Castillo

En la reciente jurisprudencia del TEDH se advierte una cierta modulación, de lo subjetivo a lo objetivo, en un contexto de controvertida reconsideración nacional de las sociedades abiertas de la Europa en crisis. De ello se trata aquí atendiendo a dos manifestaciones de conflictos de diverso porte y alcance; a propósito, la una, del inclusivo ámbito de la enseñanza, y relativa, la otra, a la regulación de acceso al espacio público mediante reglas excluyentes, de prevención general, pretendidamente instrumentales al aseguramiento de la salvaguarda de la convivencia, de la vida en común.The recent case law of the European Court of Human Rights shows a certain modulation, from the subjective to the objective, in a context of controversial national reconsideration of the open societies of Europe in crisis. This is what we are dealing with here in the light of two manifestations of conflicts of different sizes and scope; purposefully, one, of the inclusive field of education, and relative, the other, to the regulation of access to public space by means of excluding rules, of general prevention, supposedly instrumental to ensuring the safeguarding of coexistence, of living together.


2003 ◽  
Vol 67 (3) ◽  
pp. 220-236 ◽  
Author(s):  
Nick Taylor

This article outlines the two schemes currently in operation for compensating victims of miscarriages of justice, namely the statutory scheme under the Criminal Justice Act 1988, s. 133, and the ex gratia scheme operated by the Home Office. It outlines and evaluates the operation of the schemes and considers the effect of recent case law. Finally, it considers the inability of a purely monetary scheme to provide meaningful compensation and considers how a recent Home Office initiative with the National Association of Citizens Advice Bureaux might produce a more holistic approach to compensation.


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