scholarly journals Trusts and jurisdiction clauses—Crociani revisited Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd [2020] SGCA 62

2020 ◽  
Author(s):  
Kian Peng Soh
Keyword(s):  
Exclusive Jurisdiction ◽  
Appeal Decision ◽  
Court Of Appeal

Abstract In the recent Singapore Court of Appeal decision of Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd, the court analysed the effect of a forum administration clause in the trust context, holding that while the clause in question was a jurisdiction clause, it was not an exclusive jurisdiction clause governing the dispute between the trustees and beneficiaries.

Fracturing Constitutional Rights: The Prosecution of Alleged Broadcast Infringers in Nigeria

2020 ◽  
pp. 1-15
Author(s):  
Bankole Sodipo
Keyword(s):  
Civil Liability ◽  
Copyright Infringement ◽  
Law Reform ◽  
Constitutional Rights ◽  
Appeal Decision ◽  
Written Law ◽  
Court Of Appeal ◽  
Material Form

Abstract Infringement of broadcasts is often treated as a crime. The Nigerian Constitution guarantees that no-one can be prosecuted for any act that is not prescribed in a written law. Section 20 of Nigeria's Copyright Act only criminalizes dealing with infringing copies. A “copy” is defined in terms of material form. An infringing broadcast therefore connotes a recorded broadcast or a copy of a broadcast. This article argues that, statutorily, not every act that gives rise to civil liability for broadcast copyright infringement constitutes a crime. The article reviews the first broadcast copyright prosecution Court of Appeal decision in Eno v Nigerian Copyright Commission. Eno was unlawfully prosecuted, convicted and imprisoned. The article seeks to stem the wave of prosecutions on the type of charges used in Eno. In the absence of law reform, the prosecutions based on the line of charges in Eno constitute a fracturing of constitutional rights.

Causing or inciting sexual activity with persons who have a mental disorder

2021 ◽  
Vol 30 (21) ◽  
pp. 1258-1259
Author(s):  
Richard Griffith
Keyword(s):  
Mental Disorder ◽  
Sexual Activity ◽  
Health Law ◽  
Sexual Offences ◽  
Senior Lecturer ◽  
Care Workers ◽  
Appeal Decision ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers

scholarly journals The Scope of Safety Warrants Under the Children, Young Persons, and Their Families Act 1989

1997 ◽  
Vol 27 (2) ◽  
pp. 301
Author(s):  
P Beverley
Keyword(s):  
Family Unit ◽  
The Family ◽  
Appeal Decision ◽  
Court Of Appeal

The Children, Young Persons, and Their Families Act 1989 ("CYPF Act") recognises that the interests of a child will be generally best served within the family unit. This recognition is subject to the qualification that a child should be removed from that unit whenever there is an unacceptable risk of harm to that child. This analysis will consider one mechanism provided by the Act to facilitate such removal, and the effect of the Court of Appeal decision in R v Kahu.

The Enduring Legacy of ‘Reckless Disregard’

2005 ◽  
Vol 34 (4) ◽  
pp. 316-335 ◽  
Author(s):  
David McArdle
Keyword(s):  
British Columbia ◽  
Common Law ◽  
Standard Of Care ◽  
Personal Injury ◽  
Duty Of Care ◽  
Canadian Province ◽  
England And Wales ◽  
Appeal Decision ◽  
The Impact ◽  
Court Of Appeal

Personal injury at common law has spawned many cases where sports participants have inflicted injury either upon other participants or upon spectators/bystanders. This paper is not an exhaustive analysis of those ‘sports torts' cases but focuses instead upon the impact of Wooldridge v Sumner, a Court of Appeal decision that was legally sound but based upon highly significant errors of fact, and which has subsequently been advanced before the courts in two jurisdictions as authority for untenable propositions that concern both the standard of care and the duty of care owed by sports participants. While a consideration of the authorities prior to Wooldridge illustrates that there was never a basis at common law for the argument that either the standard or the duty of care differed from that pertaining in non-sporting contexts, the case has been appropriated by counsel in order to argue along those lines even though Wooldridge is not authority for either proposition. On some occasions those arguments have actually received the support of the courts of England and Wales and of the Canadian Province of British Columbia. Despite the existence in both jurisdictions of more recent authorities that ought to have heralded the demise of both concepts, they have proved remarkably tenacious.

scholarly journals Queering Judgment

2017 ◽  
Vol 81 (5) ◽  
pp. 417-435 ◽  
Author(s):  
Alex Sharpe
Keyword(s):  
Gender Identity ◽  
Sexual Offence ◽  
Identity Fraud ◽  
Appeal Decision ◽  
English Law ◽  
And Gender ◽  
Court Of Appeal

This article is a response to a series of recent successful sexual offence prosecutions brought against transgender and other gender non-conforming people for gender identity fraud, and specifically to Leveson LJ’s judgment in the Court of Appeal decision of R v McNally. The decision is now the leading authority on sexual fraud generally, and gender identity fraud specifically, under English law. The response will take the form of an academic judgment, in this instance a dissenting or counter-judgment. The article will (i) present the facts of the case, (ii) provide some detail regarding the developing jurisprudence of the courts regarding sexual fraud, (iii) preface the counter-judgment with an explanation of why an exercise in academic judgement-writing is valuable, (iv) consider a queer approach to law, and detail some queer principles around which the counter-judgment will be organised and (v) present the counter-judgment, highlighting not only that McNally could have been decided differently, but that it ought to have been decided differently.

The Licensee's Period of Grace: Bellotti Reconsidered

1996 ◽  
Vol 55 (2) ◽  
pp. 229-240
Author(s):  
Tamara Kerbel
Keyword(s):  
Privy Council ◽  
Railway Company ◽  
Short Notice ◽  
Appeal Decision ◽  
The Law ◽  
Canadian Pacific Railway ◽  
Court Of Appeal

At present the law fails to provide an adequate balance between the interests of licensor and licensee when a licensor revokes a licence but gives an unreasonably short notice. The prevailing orthodoxy has followed the Court of Appeal decision in Minister of Health v. Bellotti. This article will argue that the consequences of this decision have proved disastrous for both licensors and licensees. In direct conflict with Bellotti is the Privy Council authority of Canadian Pacific Railway Company v. The King.

scholarly journals There is no Such Thing as a Sham Trust

2013 ◽  
Vol 44 (1) ◽  
pp. 115
Author(s):  
BoHao (Steven) Li
Keyword(s):  
New Zealand ◽  
Legal Issues ◽  
Starting Point ◽  
Bilateral Transaction ◽  
Appeal Decision ◽  
The Law ◽  
Trust Law ◽  
Court Of Appeal ◽  
Law Commission

The Court of Appeal decision in Official Assignee v Wilson is the leading New Zealand case on "sham trusts". Obiter, O'Regan and Robertson JJ held that for a sham trust to exist, the settlor and trustee must have a common intention to not create a trust. Post-Wilson, debate continues over the precise elements that render a trust a sham. The Law Commission suggested that the sham doctrine, as a means of analysing the validity of an express trust, may not be the best approach. A better starting point would be a return to the certainty of intention requirement. In arguing that the Law Commission's recommendation is correct, this article will discuss three legal issues: whether an express trust is a unilateral or bilateral transaction; whether the excluded evidence has always been part of the objective intention requirement; and whether the legislative and policy factors have made foreign trust law distinct from New Zealand trust law. Finally, this article will expand on the test proposed by the Law Commission.

scholarly journals Contrato del agencia y arbitraje: auto de la AP de Barcelona (Sección 17) núm. 116/2018 de 17 de mayo = Agency contract and arbitration: order of the Court of Appeal of Barcelona number 116/2018 of 17th May

2019 ◽  
Vol 11 (1) ◽  
pp. 722
Author(s):  
Luis F. Carrillo Pozo
Keyword(s):  
International Jurisdiction ◽  
Exclusive Jurisdiction ◽  
The Law ◽  
Court Of Appeal ◽  
Agency Contract

Resumen: Frente a la idea de construir en base a las normas de la Ley sobre el contrato de agencia un foro de competencia de carácter exclusivo, la Audiencia Provincial de Barcelona insiste en su alcance meramente interno, limitado a la disciplina de la competencia territorial, así como el carácter disponible de la materia, excluyendo por lo tanto cualquier pretensión de restringir la libertad de las partes.Palabras clave: contrato de agencia, competencia judicial internacional, convenio arbitral.Abstract: Opposing the idea of building an exclusive jurisdiction forum based on the rules of the Law on agency contract, the Court of Appeal of Barcelona insists on their purely internal scope, limited to the discipline of venue, as well as as the ability of the parties to dispose of the matter, thus excluding any intent to restrict their freedom.Keywords: agency, international jurisdiction, arbitration agreement.

scholarly journals Bokolo v S 2014 (1)sacr 66 (sca): The practicality of challenging dna evidence in court

2015 ◽  
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
Supreme Court ◽  
Active Role ◽  
Case Note ◽  
Scientific Validity ◽  
Dna Evidence ◽  
The Supreme Court ◽  
Appeal Decision ◽  
Court Of Appeal ◽  
The Ideal

The techniques used in DNA profiling are well established and scientifically validated. The scientific validity of DNA evidence can, however, be so persuasive that such evidence risks being reduced to proof of guilt or innocence. Thus, the incorrect use of DNA evidence could lead to a miscarriage of justice where the innocent are convicted and the guilty are acquitted. Drawing from the Supreme Court of Appeal decision in Bokolo v S (Bokolo case), this case note discusses how DNA evidence can be placed in its proper forensic context. The article sets out the ideal role of expert witnesses, the role of opposing or neutral experts, and the active role of judicial officers in evaluating DNA evidence.

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