How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?

2019 ◽  
pp. 253-263
Author(s):  
Kirsty Horsey
Keyword(s):  
United Kingdom ◽  
England And Wales ◽  
Ethical Concerns ◽  
The United Kingdom ◽  
The Law ◽  
Laws And Policies ◽  
Direct Outcome ◽  
Law Commission

This chapter argues for the need for the re-regulation of surrogacy. The law in the United Kingdom, currently, does not serve the interests of those involved in surrogacy to the extent it should, including intended parents, surrogates, and—importantly—children. This is partly due to the bulk of the legislation regulating surrogacy being developed in the 1980s, when family laws and policies were significantly different, and when the tone of the law was permissive, yet discouraging of surrogacy. A direct outcome of this was an increase in intended parents seeking surrogacy overseas, which potentially raises more ethical questions. Ultimately, a reform of the laws on surrogacy – currently being considered by the Law Commission of England and Wales and the Scottish Law Commission – should carefully and pragmatically consider the exact message that the reformed law would send, so as to maximize its utilitarian potential, while minimizing ethical concerns.

scholarly journals Le contrôle juridictionnel de l'action administrative devant les juridictions anglaises

2005 ◽  
Vol 26 (4) ◽  
pp. 863-880
Author(s):  
Sir Gordon Slynn
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Public Authorities ◽  
The United Kingdom ◽  
Private Rights ◽  
The Law ◽  
Law Commission ◽  
The Way

This article outlines the difficulties which were felt to exist in the prerogative orders of certiorari, mandamus and prohibition in the United Kingdom, despite important developments which had taken place in their use. It describes in detail the recommendations of the Law Commission and the changes introduced both by Rules of Court and legislation. The former procedures are replaced by an application for judicial review, though the basis upon which relief is granted remains substantially the same. Recent cases show the way in which the new procedure has developed. Distinctions are drawn between the test to be applied on the application for leave and on the final hearing, and between the proceeding by way of judicial review to challenge the acts of public authorities and actions where purely private rights are claimed. This article shows the way in which the possibility of exceptions to this latter distinction has been established and suggests that the ambit of the new procedure is still in course of development.

Introduction and Background

2021 ◽  
pp. 1-14
Author(s):  
Robin Allen QC
Keyword(s):  
United Kingdom ◽  
England And Wales ◽  
The United Kingdom ◽  
The Law

This introductory chapter provides a background and overview of the Equality Act 2010. The Equality Act 2010 forms part of the law of England and Wales. Apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), it also forms part of the law of Scotland. The provisions stating that the Act forms part of the law of England and Wales and Scotland do not limit the reach of the Act solely to events that occur in one or more of those places. It is sometimes possible to rely on this law in relation to events that have happened geographically elsewhere. The chapter then traces the history and sources of equality law in the United Kingdom, and details the introduction and passage of the Equality Act 2010. It also considers the possible effect of the Brexit withdrawal legislation on the Act.

10 Company Subject to Another Insolvency Procedure

2021 ◽  
Author(s):  
French Derek
Keyword(s):  
United Kingdom ◽  
Financial Market ◽  
England And Wales ◽  
The United Kingdom ◽  
The Law ◽  
The Uk ◽  
Default Rules ◽  
Building Societies ◽  
A Company

This chapter sets out who can apply for a winding-up order and when a winding-up order can be made where a company is already subject to an insolvency procedure. This chapter discusses the insolvency procedures under the law of England and Wales, other parts of the United Kingdom and outside the UK. A supervisor of a company voluntary arrangement (CVA) approved under IA 1986, part 1, may petition for the compulsory winding up of the company, and the court may appoint the supervisor to be liquidator of the company. IA 1986, part 1, is applied with modifications to building societies by the Building Societies Act 1986. When a company is in administration, no petition for it to be wound up may be presented without the administrator’s consent or the court’s permission, unless it is presented for the purpose of proceedings under the default rules of a recognized body in a financial market.

A Supreme Court for the United Kingdom?

Legal Studies ◽  
2004 ◽  
Vol 24 (1-2) ◽  
pp. 36-44 ◽  
Author(s):  
Brenda Hale
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Question Mark ◽  
The United Kingdom ◽  
The Law ◽  
Consultation Paper ◽  
Law Commission

The Government's Consultation Paper does not have a question mark in its title. It does not purport to be a serious discussion of the role of a Supreme Court in a democracy. This is scarcely to be expected of such a document or its respondents, so I propose to respond in its own terms rather than on the loftier plane usually adopted by contributors to this journal. More unexpectedly, the Consultation Paper does not even put forward a serious set of options to consider. At the Law Commission, we always had (at least a metaphorical) question mark in our title because we almost always put forward two options which do not appear in this consultation: the ‘do nothing’ and the ‘let’s abolish it' options. Both have a lot to be said for them here.

scholarly journals A Sea Change in the Law of Contract Interpretation?

2019 ◽  
Vol 50 (4) ◽  
pp. 657
Author(s):  
David McLauchlan
Keyword(s):  
United Kingdom ◽  
Exceptional Case ◽  
Compensation Scheme ◽  
Building Society ◽  
England And Wales ◽  
High Court ◽  
The United Kingdom ◽  
The Law

This article challenges the recent extrajudicial argument of Sir Geoffrey Vos, Chancellor of the High Court of England and Wales, that there has been a "distinct sea change" in the law of contract interpretation as a result of the United Kingdom Supreme Court's decisions in Rainy Sky SA v Kookmin Bank, Arnold v Britton and Wood v Capita Insurance Services Ltd. He suggests that these decisions have the effect that Lord Hoffmann's well-known restatement of the law in Investors Compensation Scheme Ltd v West Bromwich Building Society, particularly his Lordship's fourth and fifth principles, no longer represent the law. In his view, the position now is that a court must give the words of a contract their plain meaning except "in a most exceptional case or a case of obvious absurdity". However, Professor McLauchlan argues that Sir Geoffrey reads more into the decisions than is warranted by the Supreme Court's reasoning and that Lord Hoffmann's restatement has survived largely unscathed. In substance, the reasoning spelt out what was either explicit or implicit in the restatement in the first place.

Judicial Development of the Criminal Law by the Supreme Court

2020 ◽  
Author(s):  
Findlay Stark
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Ex Ante ◽  
The Law ◽  
The Government ◽  
Law Commission

Abstract It will be argued that the United Kingdom Supreme Court (UKSC) should be bound by certain restrictions on its ability to develop the substantive criminal law: (i) the UKSC’s decision must plausibly be part of an (albeit edited) continuing legal narrative, not a fresh ‘striking out’ in a new direction; (ii) the UKSC should not make decisions that permit the conviction of the defendant when this development could not reasonably have been predicted, ex ante; (iii) the UKSC should take account of the ‘mood music’ (if any) of Parliament, the government and the Law Commission when deciding whether to develop the criminal law in a particular manner; and (iv) the UKSC should bear in mind the practical and epistemic limitations inherent in criminal proceedings (even on appeal). Recent judgments of the UKSC display insufficient regard for these considerations. Attention will be given, specifically, to Jogee (on complicity) and Ivey (on dishonesty).

MM v. NA (Declaration of Marital Status: Unrecognized State)

2021 ◽  
Vol 191 ◽  
pp. 609-636
Keyword(s):  
United Kingdom ◽  
Marital Status ◽  
International Law ◽  
England And Wales ◽  
The United Kingdom ◽  
Municipal Law ◽  
The Law ◽  
The Government ◽  
Relationship Of

Recognition — States — Acts of an unrecognized State — Somaliland — Whether capable of recognition — Everyday acts of administration — Marriage — Namibia doctrine — Whether court in England entitled to grant declaration of marital status to couple married in Somaliland Relationship of international law and municipal law — Matters reserved to executive — Recognition — Principle that executive and courts should speak with one voice — Whether English courts entitled to recognize acts of a State not recognized by the Government of the United Kingdom — Marriage in unrecognized State States — Somaliland — Whether recognized — Consequences of non-recognition — The law of England and Wales

TBE in United Kingdom

2020 ◽  
Keyword(s):  
United Kingdom ◽  
Clinical Disease ◽  
England And Wales ◽  
Probable Case ◽  
The United Kingdom ◽  
South West ◽  
Louping Ill ◽  
The Uk ◽  
North And South ◽  
South West England

Until 2019, TBE was considered only to be an imported disease to the United Kingdom. In that year, evidence became available that the TBEV is likely circulating in the country1,2 and a first “probable case” of TBE originating in the UK was reported.3 In addition to TBEV, louping ill virus (LIV), a member of the TBEV-serocomplex, is also endemic in parts of the UK. Reports of clinical disease caused by LIV in livestock are mainly from Scotland, parts of North and South West England and Wales.4

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