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

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

Part I Legal and Practical Challenges to Traditional Trade Finance, 4 Perspectives on the Role of the Nominated Bank in a Letter of Credit

This chapter considers the role of the nominated bank in a letter of credit against the backdrop of the Singapore Court of Appeal decision of Grains and Industrial Products Trading Pte Ltd v Bank of India which addresses the situation where a nominated bank declines to act on its nomination. This situation is not covered by the UCP 600 and questions arise as to what, if any, obligations the nominated bank owes towards the issuing bank or the beneficiary. The chapter also examines the extent to which principles of agency law can operate effectively in the relationship between the issuing bank and the nominated bank.

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

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

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.

Tax consequences of setting aside a voidable transaction on the ground of mistake

This article considers whether there is, as has been widely assumed until now, a general principle that, if a voidable transaction is avoided by an order of the court (for example, on grounds of mistake or under the Hastings-Bass rule), the order operates retrospectively for all purposes, including fiscal purposes. It discusses whether the Court of Appeal decision in Clark v HMRC [2020] EWCA Civ 204 throws doubt on the existence and ambit of such a principle. It also explores how the principle operates where the court imposes terms on the rescission of a transaction, such as a requirement that one or more of the parties enters into a fresh transaction, or where there have been intervening transactions between the voidable transaction and the order rescinding it.

Are foreign copyright works protected in Nigeria?

Despite Nigeria's treaty obligations, Nigerian courts have, in the last quarter of a century, consistently but erroneously held that the Nigerian copyright statute does not protect copyright works of foreign persons. The purport of the decisions is that foreign persons cannot sue to protect their copyright in Nigeria. Given that the decisions of three trial courts and a Court of Appeal decision were never appealed to the Supreme Court, they arguably remain good precedent. The decisions suggest that foreign direct investors who need copyright protection are exposed in Nigeria. Relying on two of these cases, a leading intellectual property law text echoed this erroneous position. This article demonstrates that the decisions were reached in ignorance of applicable statute. As such, the decisions should not be followed by trial courts irrespective of the rule of binding judicial precedent. The article outlines various mechanisms within the copyright statute that extend the protection of the Nigerian copyright statute to foreign works. This article goes further than previous works. Unlike earlier works, this article suggests the path trial courts should tread, despite the rule of precedent, in distinguishing this line of cases to hold that foreign corporations incorporated in many treaty countries and foreign works emanating from many treaty countries are protected in Nigeria. Unlike earlier works, this article demonstrates that lower courts may refer this issue to higher courts for interpretation and guidance under the case stated procedure. Whilst other works made passing references to the Copyright (Reciprocal Extension) Order 1972 (the 1972 Order), that arguably extends copyright to foreign works under the Copyright Act 1970, none cited judicial authority that held that the 1972 Order made under the repealed Copyright Act 1970 is still valid under the current Copyright Act. None referred to the Interpretation Act that supports this judicial authority. Unlike previous work, this article reveals that if the Microsoft case that is the most significant of these cases is appealed to the Nigerian Supreme Court, the court will extend the time within which the Microsoft Corporation can appeal and reverse Microsoft and the line of cases identified in this article.

Crisis familiar, responsabilidad parental y alimentos: revisando las cuestiones generales en un divorcio transnacional (Audiencia Provincial Barcelona - Sentencia de 15/04/2019) = Crisis of the couple, parental responsabilit and maintenance: reviewing core matters in a cross-border family judgement (Barcelona Court of Appeal - Decision of 15/04/2019)

Resumen: La interacción entre las normas de competencia judicial internacional y las cuestiones de fondo que resuelven las normas de conflicto en las distintas materias del derecho de familia constitu­yen un problema específico en los divorcios con elementos transfronterizo. En la SAP Barcelona de 15 de abril de 2019 se pone a prueba el sistema de competencia judicial internacional y de ley aplicable a raíz de una acción principal de divorcio donde, además, se han de establecer medidas de responsabilidad parental y fijar la obligación de alimentos.Palabras clave: competencia judicial internacional, ley aplicable, litigios transfronterizos: di­vorcio, responsabilidad parental, obligación de alimentos.Abstract: In family law matters specific issues raises from the interaction between the rules on international jurisdiction and applicable law. The Decision of the Barcelona Court of Appeal rended on April 15, 2019 tests the international jurisdiction system and the issues of applicable law in a cross-bor­der family litigation where a main divorce must be established in addition with parental responsibility measures and maintenance claims.Keywords: International jurisdiction, applicable law, cross-border UE family law: divorce, pa­rental responsability disputes, Maintenance claims.

Larke v Nugus: practical points in an unsettled environment

The Court of Appeal decision in Larke v Nugus was handed down in 1979. Practitioners thought that the process of disclosing information from a Will Preparation File once a Will was in dispute was well established – but there have recently been considerable changes. The Law Society produced a new version of its Practice Note in December 2018. There are disagreements between stakeholders about the steps to be taken upon receipt of a Larke v Nugus letter. Some practices must cease forthwith. This article discusses these issues.