The problems with provocation as a defence to murder: Has the Coroners and Justice Act 2009 provided a solution to those suffering from domestic violence and battered women’s syndrome?
Abstract The law surrounding murder appears to be more favourable to men than women because of limited defences that are available. The provocation defence has been criticised for some time for failing to allow a loss of self-control to be included if it did not happen ‘sudden and temporary’. This was rectified by the new […]
Introduction The intractable dilemmas of assisted suicide and euthanasia have been thrown very much into the spotlight in the UK following the bold and final act of the House of Lords as a judicial body in Purdy v DPP which saw the Department of Public Prosecution’s (DPP) lack of published policy on assisted suicide held […]
In Chapter Seven “Self-Determination” (1994), international law expert Rosalyn Higgins presents a comprehensive notion of how the concept of self-determination evolved historically and politically. Higgins provides a well argued view of how self-determination was transformed from a legal concept into historical and political notion in the 1950s and 1960s. Higgins tackles the main notions related […]
Introduction The tension between adolescence and adulthood has been a fertile breeding ground for legal reform in mental health. The issues surrounding the admission and detention of mentally ill adolescents in hospital are fabulously complex and have been swept along with the tide of reform ever since the Law Commission in 1995 recommended an overhaul […]
This farmhouse, disponed as a strict settlement under Pete’s will to Rob, Sam and Tom, is a trust for land governed by both the 1925 Law of Property Act and the Trusts of Land and Appointment of Trustees Act 1996 . When land is owned by two or more people as co-owners they take the […]
INTRODUCTION I am asked to advise Global Solutions India Ltd. (“GSI”) and Global Solutions Inc. (“Global”) on the prospects of preventing the enforcement of an arbitral award made by Sir Humphrey Mullis: a sole arbitrator appointed by Deutsche Financial AG (“DF”). I am also asked to include in the advice the prospects of the likelihood […]
Introduction The Law Commission in 1995 recommended an overhaul of the system for the admission to hospital, treatment and detention of those who lack the capacity to decide their own fate . Ten years later the Mental Capacity Act 2005 received royal assent and came into force in 2007 to right the balance between doctor […]
Introduction The reform of the haphazard system of tribunals in the UK has often provided a neat symmetry with the chaos the system has been vehemently criticised for. It has taken half a century for the Tribunals, Courts and Enforcement Act 2007 to be given royal assent, which Bradley & Ewing rightly suggest to be […]
Part 1 The courts have been notoriously strict in their interpretation of “variation” of class rights both under s.630 of the Companies Act 2006 and under its predecessor, s.125 of the 1985 Act . Case law under s.630 is yet to develop so it is to the historical interpretation of “variation” which must be examined […]
Introduction Alligator and Crocodile . A crocodile which faces left and a crocodile which faces right . “Criminal” and “Criminal Damage” . Two bounding felines . “Amaze Collection” and “Ama Zing” . “The Gunners” and “Arsenal Gunners” . By such finely nuanced words and concepts the battleground of Trade Marks in the fashion industry is […]
Fashion brands are often pitched at the centre of this ongoing struggle between competing companies, multinationals and street vendors alike, and individuals: the international counterfeiting fashion industry was reported in 2005 to be worth €500 billion and can justifiably be said to be undermining the protection which UK Trademark law offers by flooding markets with […]
CRIME IN BRITISH SOCIETY AND THE FACTORS INFLUENCING THE RISE IN CRIME AND BRITAIN’S FEDERAL UNDERCLASS SINCE THE 1980’S
ABSTRACT The history of crime in Britain is inevitably dominated by the explosion of criminality in the last 30 years (Donohue, 1998). Research into the prevalence of crime rates in the UK has identified the nature of macroeconomic forces that fuel the crime rate and increase antisocial behavior among the youths (Goldson and Muncie, 2006). […]
Introduction Banks have been under intense scrutiny since the recession of 2008 which has been, as Wheelock observes, identified primarily as a banking crisis akin to that of the 1930s . The spectre of hundreds of customers queuing outside of Northern Rock to prevent the first run on a bank since 1878 focussed minds on […]
Executive Summary In recent times, new and innovative methods enabling funds transfer through electronic methods across the borders have increased. These have opened new opportunities for money laundering and the financing of terrorism. As a result, this report explores the issues surrounding NPMs (New Payment Methods) and as such it has explored non-face-to-face typology as […]
Executive Summary In the recent times, new and innovative methods of funds transfer through electronic methods across the borders have increased. These have opened new opportunities for money laundering and financing of terrorism. With the recommendations made by the FAFT that the principle of Customer Due Diligence (CDD), conducted by financial institutions, be set out […]
‘The body of law is a site of gendered power’. Critically discuss using examples to support your argument.
Introduction For centuries, lawyers, philosophers, sociologists and others have tried to define ‘law’, but it resists definition. In this essay, ‘the body of law’ will be taken to mean not just the law laid out in the statute books, or expounded by judges in their judgements, but also the application of law, in the courts […]
Chapter 1: Introduction and overview The Companies Act 2006 s.172 is a compromise between a pluralistic stakeholder approach which obliges directors to consider stakeholders by law in making their decisions and a shareholder primacy approach which concentrates on purely market concerns and leaves stakeholders of companies at the mercy of self regulation .
Abstract This essay will outline the main attributes of the Human Rights Act 1998 and seek to argue that it does not go far enough to protect an individual’s rights. It will explain the difference between the procedural and substantive protection on offer to an individual and will show that whilst on a procedural level […]
Introduction A) The role and function of the Magistrates’ court: All criminal cases begin in the Magistrates’ Court and are heard by three magistrates or a district judge, but the court also has jurisdiction over certain civil matters (JEW, 2012). For the most part however, the majority of cases heard in the Magistrates’ Court are […]
“The doctrine of ‘separate legal personality’, as embodied in Salomon v Salomon & Co Ltd  AC 22, has been fatally undermined by the number of subsequent exceptions to it.”
This essay expounds the doctrine of ‘separate legal personality’ and analyses the rationale behind the fears that it has become irrevocably undermined, due to the plethora of exceptions that have heretofore arisen. In order to provide a thorough analysis of the situation, the doctrine and the exceptions, both statutory and judicial shall be analysed […]