18. Remedies and Appeals

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

2. Institutions of the Union: composition and powers

This chapter examines the institutions within the European Union (EU), their powers and the relationship between the institutions. The main EU institutions are the European Parliament, the Council, the European Council, the Commission (including the High Representative for Foreign Affairs and Security Policy), the Court of Justice of the European Union, the European Central Bank and the Court of Auditors. There are also other bodies, including: the European Ombudsman, the Economic and Social Committee (ECOSOC), the Committee of the Regions and COREPER. The chapter explains that these institutions and bodies are given different powers and are subject to important rules (for instance, the usual rule of qualified majority voting in the Council), and that they are required to work together in order to provide the checks and balances within the Union legal order, or the so-called institutional balance.

18. Remedies and Appeals

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

18. Remedies and Appeals

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

The Limits of Consent and the Law of Assault

In this paper, I show that a Kantian account can explain both the rule that consent is normally a defence to assault and the exceptions to that rule. Kant himself does not discuss the offence of assault, but thebody– the manifestation of the person in space and time – is central to Kant’s account of each person’s innate right of humanity. Since Kant’s legal philosophy is oriented around the idea that each limit on freedom of action can be justified only for the sake of freedom itself, it is plausible to think that this might do all the work; but that is not the case. The law may rightly refuse to recognize consent to a physical interaction that is inconsistent with treating the participants as persons and may, in such cases, create an exception to the usual rule that lack of consent is an element of assault.But this Kantian account needs to be supplemented in two ways. First, the account provides a structure but no criteria for determining whether an interaction is inconsistent with personhood. Second, the law does sometimes recognize consent as a defence in activities that expose the participants to the intentional application of force that creates a risk of permanent and serious damage, even though that damage itself could not be consented to. The distinction turns out to run parallel to Kant’s solution to the problem (as he sees it) of sexuality: how is it possible for two persons to engage in an activity that necessarily requires each to treat the other as an object, and yet to retain their humanity? With these supplements, the limits on consent in the positive law of assault can be justified in Kantian terms.

THE HAMILTON–JACOBI ANALYSIS OF OPTICAL WAVEGUIDES

In this paper, the Hamilton–Jacobi method for solving differential equations of wave propagation is investigated. It is shown that when a wave propagates through a background medium that varies slowly on the scale of the wavelength, the trajectory of the light particle follows the usual rule of refraction.

An alternative to the rejection of observations

1. It is widely felt that any method of rejecting observations with large deviations from the mean is open to some suspicion. Suppose that by some criterion, such as Peirce’s and Chauvenet’s, we decide to reject observations with deviations greater than 4 σ, where σ is the standard error, computed from the standard deviation by the usual rule; then we reject an observation deviating by 4·5 σ, and thereby alter the mean by about 4·5 σ/ n , where n is the number of observations, and at the same time we reduce the computed standard error. This may lead to the rejection of another observation deviating from the original mean by less than 4 σ, and if the process is repeated the mean may be shifted so much as to lead to doubt as to whether it is really sufficiently representative of the observations. In many cases, where we suspect that some abnormal cause has affected a fraction of the observations, there is a legitimate doubt as to whether it has affected a particular observation. Suppose that we have 50 observations. Then there is an even chance, according to the normal law, of a deviation exceeding 2·33 σ. But a deviation of 3 σ or more is not impossible, and if we make a mistake in rejecting it the mean of the remainder is not the most probable value. On the other hand, an observation deviating by only 2 σ may be affected by an abnormal cause of error, and then we should err in retaining it, even though no existing rule will instruct us to reject such an observation. It seems clear that the probability that a given observation has been affected by an abnormal cause of error is a continuous function of the deviation; it is never certain or impossible that it has been so affected, and a process that completely rejects certain observations, while retaining with full weight others with comparable deviations, possibly in the opposite direction, is unsatisfactory in principle.

The Age and Origin of the Wansdyke

A study of this great earthwork proves that at some period of our history a resident people or a retiring nation wished to cut off the whole of south-west England from a northern enemy. To accomplish this purpose a huge bank with its ditch to the north was carried from near Portishead in Somerset right across Wiltshire, ending somewhere near Andover (Hants), between which place and the sea the low-lying watery valleys of the Anton and Test would in themselves be sufficient protection without an earthwork: thus the whole of the counties of Cornwall, Devon, and Dorset, together with parts of Wilts, Somerset, and Hampshire, were shut in and completely protected. After drawing the above line on a map it will at once be noticed that the usual rule of human effort—to do things with the least possible labour— has not been followed, as the left flank of the dyke, instead of resting on the Avon at or near Bath, has been at great labour carried across the stony Somerset hills to the open sea: this extra length was dictated by some powerful reason, the explanation being (as I read the evidence) that the enemy was in command of a fleet of small boats by which they could at any time land on the southern bank of the Avon (the Somerset shore). To guard against this the dyke Was built south of and above the Avon valley: we may suppose also that the invaders were without boats large enough to face the open sea or that the inhabitants of the Somerset and Devon shores were numerous or brave enough to defend themselves.

IV. On the variations of the mean diurnal inequality of the horizontal component of the earth’s magnetic force at Bombay, and their relations to the sun-spot period

The investigation with which this paper deals was suggested by a remark made by Dr. Balfour Stewart, in “Nature,” vol. xxiii, p. 238, to the effect that well selected magnetic observations might ulti­mately be found to indicate variations of solar heat more quickly and with greater certainty than any other kinds of indirect observations. The observations selected are those of the variations of the horizontal magnetic force, recorded at the Colaba Observatory, Bombay, between the years 1846 and 1880, comprising about 265,000 hourly observations. The mean diurnal variations for each month, calculated from all the observations, without any exclusion of disturbances, were extracted from the records of the Observatory ; but instead of adopt­ing, in the usual manner, the extreme range of these variations as the subject for further treatment, the mean of all the twenty-four hourly deviations, regardless of signs, was adopted; the objects aimed at in departing from the usual rule being to give due weight to all the observations, and to eliminate, as far as possible, the effects of rapidly fluctuating disturbances, without rejecting any of the observations. The monthly number obtained in the manner above described may be called the mean diurnal inequality for the month. The series of such monthly numbers should, after elimination of the annual varia­tion, exhibit all those variations of the magnitude of the diurnal varia­tion of the earth’s magnetic force which may possibly depend on absolute variations of solar heat. Indications may therefore be thus obtained of all real variations of solar energy whose periods lie between one month and thirty-three years, if such there be. Several magnetic variations are shown to exist, and these are compared with the varia­tions of the sun-spots. The following is a brief summary of the principal results of the investigation:— 1. The mean diurnal inequality of horizontal force at Bombay is subject to a periodical variation, whose duration is almost exactly eleven years.