scholarly journals The need for an intrusion upon seclusion privacy tort within English law

2017 ◽  
Vol 46 (4) ◽  
pp. 287-305
Author(s):  
John Hartshorne
Keyword(s):  
United States ◽  
New Zealand ◽  
Private Information ◽  
The United States ◽  
Law Reform ◽  
Canadian Province ◽  
England And Wales ◽  
The Creation ◽  
English Law

In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.

THE SHADOW OF THE COURT: THE GROWING IMPERATIVE TO REFORM ETHICAL REGULATION OF FORMER JUDGES

2018 ◽  
Vol 67 (3) ◽  
pp. 505-546
Author(s):  
Gabrielle Appleby ◽  
Alysia Blackham
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Public Confidence ◽  
England And Wales ◽  
Ethics Regulation

AbstractIn recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical regulation questions. Drawing on judicial ethics regimes in England and Wales, Australia, the United States and New Zealand, and instances where the conduct of former judges has reflected poorly on the integrity of the judiciary, this article argues that there are strong reasons for extending ethics regulation beyond judicial retirement. By reference to the principles that inform the rules regulating the conduct of sitting judges, we investigate the extent to which misconduct and disciplining regimes should extend to former judges, and whether there is a stronger role for soft instruments and more formalized processes for regulating former judges. In doing so, we propose a model for the development of ethical regulation for former judges.

Solitary Confinement across Borders

2019 ◽  
pp. 59-76
Author(s):  
Sharon Shalev
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Prison System ◽  
Solitary Confinement ◽  
Management Units ◽  
England And Wales ◽  
Close Supervision ◽  
Recent Developments

This chapter looks at the use of solitary confinement in three jurisdictions where the author has conducted research: England and Wales, New Zealand, and the United States. It asks when and why prisoners are placed in solitary confinement in these jurisdictions, and what are the conditions of their confinement. The chapter's main focus is on the long-term use of solitary confinement as a tool for managing individuals classified and labeled as the most dangerous or troublesome in the prison system, including in New Zealand's Management Units and England and Wales’s Close Supervision Centres. Finally, it examines recent developments and asks what learning there might be for other jurisdictions.

Part II The Bermuda Form in Detail, 13 Misrepresentation and Nondisclosure

2018 ◽  
Author(s):  
Scorey David ◽  
Geddes Richard ◽  
Harris Chris
Keyword(s):  
United States ◽  
New York ◽  
Multinational Corporation ◽  
The United States ◽  
England And Wales ◽  
English Law ◽  
The Law

This chapter first discusses the law of misrepresentation and nondisclosure as it has developed in New York, since the law of that state is designated in the majority of Bermuda Form policies as governing the resolution of ‘any dispute, controversy or claim arising out of or related to the Policy’, which would clearly include a dispute about alleged misrepresentation in its procurement. The second part discusses English law. This is relevant for a number of reasons. It is not at all uncommon that the version of the Bermuda Form in play in respect of a given dispute will expressly adopt the law of England and Wales as controlling. This is often the case where the policy is issued to a multinational corporation whose management and headquarters are not located in the United States, or where the policy is not issued by an insurer resident in Bermuda.

In search of a privacy action against breaches of physical privacy in Hong Kong

2018 ◽  
Vol 47 (4) ◽  
pp. 225-247
Author(s):  
Jojo YC Mo
Keyword(s):  
Hong Kong ◽  
New Zealand ◽  
Private Information ◽  
Common Law ◽  
Law Reform ◽  
Confidential Information ◽  
Canadian Province ◽  
Privacy Laws ◽  
The Law

The focus of privacy laws in Hong Kong has always been on the use and dissemination of personal or confidential information, but a person’s privacy can also be intruded by unwanted watching or listening irrespective of whether information is collected or used. Despite an attempt to introduce two privacy torts by the Law Reform Commission of Hong Kong in 2004, there is no timetable as to when these two statutory torts be introduced. Recognition has been afforded for intrusions upon seclusion or solitude in a number of jurisdictions including New Zealand and the Canadian province of Ontario. In England, an intrusion tort has not been separately recognized, but the decision in Gulati v MGN confirmed that damages may still be awarded for an action for misuse of private information in instances where there is no disclosure or publication of the wrongfully acquired information. This article looks at the possibility of developing a common law action of privacy in Hong Kong which affords protection regardless of whether private information is acquired or published by drawing insights to the developments in New Zealand and England.

Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012

2013 ◽  
Vol 46 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Julian V Roberts ◽  
Oren Gazal-Ayal
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Judicial Discretion ◽  
England And Wales ◽  
Sentencing Reform ◽  
Novel Approach ◽  
Sentencing Reforms ◽  
The Law

In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing. Courts are directed to construct an individualised proportionate sentencing range appropriate to the case in hand. Once this is established, the court then follows additional directions regarding factors and principles related to sentencing. Although other jurisdictions have placed the purposes and principles of sentencing on a statutory footing, this is the first such legislative declaration in Israel. The statute also contains a methodology to implement a proportional approach to sentencing as well as detailed guidance on sentencing factors. This article describes and explores the new Sentencing Act, making limited comparisons to sentencing reforms in other jurisdictions – principally England and Wales, New Zealand and the United States. In concluding, we speculate on the likely consequences of the law: will it achieve the goals of promoting more consistent and principled sentencing?

Torts and Other Wrongs

2019 ◽  
pp. 1-26
Author(s):  
John Gardner
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Common Cause ◽  
England And Wales ◽  
The Common ◽  
The Law

This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

Part VII Criticism and Law Reform Proposals, 23 Criticism and Reform Proposals

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Law Reform ◽  
Personal Property ◽  
Article 9 ◽  
Commercial Code ◽  
Canadian Provinces

This chapter discusses how aspects of law governing security over personal property, and especially the registration requirements for company charges and for bills of sale and the rules of priority, have been criticized for many years. There has been a series of reports recommending reform; some of these have recommended amendments to the Companies Act and the rules of priority of charges registered under the Act. Meanwhile, others have proposed more radical reforms that would replace both the Companies Act and the Bills of Sale Acts with a ‘notice filing’ scheme based on Article 9 of the United States Uniform Commercial Code and subsequently adopted, with slight variations, in many Canadian provinces and New Zealand.

Unjust Enrichment and Restitution

2020 ◽  
pp. 292-308
Author(s):  
Andrew Burrows
Keyword(s):  
United States ◽  
The United States ◽  
Private Law ◽  
Journal Articles ◽  
England And Wales ◽  
Legal Question ◽  
Unjust Enrichment ◽  
The Subject ◽  
The Creation ◽  
The Law

This chapter examines the contrast between the English and U.S. approaches to the law of unjust enrichment—otherwise known as the law of restitution—over the last forty years. In England and Wales, no area of private law has been subjected to greater academic scrutiny in the last forty years than the law of unjust enrichment. The subject has spawned hundreds of law journal articles, scores of monographs and textbooks, and even the creation of a dedicated law review (the Restitution Law Review, first published in 1993). In contrast, and until the New Private Law movement, there appears to have been a decline of interest over the same period in the law of unjust enrichment/restitution in the United States. The chapter then focuses on a very specific legal question that has recently troubled the English courts—the meaning of “at the expense of”—to illustrate the English doctrinal approach epitomized in the writings of Peter Birks, and the most prominent recent challenge to it.

Comparing Serious Violent Crime in the United States and England and Wales

2017 ◽  
Author(s):  
Zelia Gallo ◽  
Nicola Lacey ◽  
David Soskice
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
New Zealand ◽  
Violent Crime ◽  
The United States ◽  
Comparative Data ◽  
England And Wales ◽  
Per Capita

This chapter shows how reasonably valid comparative data for violent crime in the United States and England and Wales can be derived. Comparative analysis of violent crime is hampered by a lack of reliable statistics, even between relatively similar countries, with doubts about existing studies suggesting that further comparative data are needed. Violent crime presents particular problems of variation in offense definition and recording practices. However, the data for the United States and England and Wales can be derived for the narrower category of serious violent crime. The chapter shows broadly that the incidence of serious violent crime per capita is between three and seven times as high in the United States as in England and Wales. This parallels the comparative data on homicide; existing comparisons with Canada and New Zealand lend further weight to the claim that levels of serious violence in the United States are distinctively high.

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