All Outputs (31)

Corrigendum to: Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for differences in opinion. (2022)
Journal Article
ATANASOV, V.A., GREENWOOD, D.J., SANCHEZ, D.E. and HATCHER, C.J. 2022. Corrigendum to: Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion. IOP conference series: earth and environmental science [online], 1101(5): planning, partnership, and law; selected papers from 2022 World building congress (WBC2022): building our future; informing practice to enhance the lives of current and future generations, 27-30 June 2022, Melbourne, Australia, article 052033. Available from: https://doi.org/10.1088/1755-1315/1101/5/052033

This is a correction for the article published at https://doi.org/10.1088/1755-1315/1101/5/052001.

Corrigendum to: Forensic delay analysis as evidence of transaction costs in construction projects. (2022)
Journal Article
ATANASOV, V.A., GREENWOOD, D.J., ROSS, H. and SANCHEZ, D.E. 2022. Corrigendum: forensic delay analysis as evidence of transaction costs in construction projects. IOP conference series: earth and environmental science [online], 1101(5): planning, partnership, and law; selected papers from 2022 World building congress (WBC2022): building our future; informing practice to enhance the lives of current and future generations, 27-30 June 2022, Melbourne, Australia. article 052034. Available from: https://doi.org/10.1088/1755-1315/1101/5/052034

This corrigendum contains several corrections to the text originally published at https://doi.org/10.1088/1755-1315/1101/5/052009.

Belokon v. Kyrgyzstan: practical implications of award set-asides arising from corruption allegations. (2022)
Journal Article
LAI, R. and MAK, C.H.W. 2022. Belokon v. Kyrgyzstan: practical implications of award set-asides arising from corruption allegations. ASIL insights [online], 26(14). Available from: https://www.asil.org/insights/volume/26/issue/14

As one of the most arbitration-friendly jurisdictions, French courts have long had a tradition of judicial non-interference in the arbitral process. In the context of annulment proceedings, French courts are normally granted limited scope in reviewin... Read More about Belokon v. Kyrgyzstan: practical implications of award set-asides arising from corruption allegations..

Resolving Scottish paediatric end-of-life conflicts. (2022)
Journal Article
SIVERS, S. and DOWNIE, M. 2023. Resolving Scottish paediatric end-of-life conflicts. Medico-legal journal [online], 91(1), pages 46-49. Available from: https://doi.org/10.1177/00258172221135416

This article considers mediation as a means of resolving decision-making disputes between clinicians and parents in paediatric end-of-life cases. It examines the legal tests applied in England and Wales, and notes the lack of precedent in Scotland. T... Read More about Resolving Scottish paediatric end-of-life conflicts..

Ahmed v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland) Act 2010 section 38(1). (2022)
Journal Article
SHARP, L. 2022. Ahmed v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland) Act 2010 section 38(1). Juridical Review [online], 4, pages 197-211. Available from: http://legalresearch.westlaw.co.uk/

The Working Group on Misogyny in Criminal Justice in Scotland recommended in March 2022 that there should be a Misogyny and Criminal Justice (Scotland) Act which would inter alia create a new statutory offence of public misogynistic harassment. This... Read More about Ahmed v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland) Act 2010 section 38(1)..

Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion. (2022)
Journal Article
ATANASOV, V.A., GREENWOOD, D.J., SANCHEZ, D.E. and HATCHER, C.J. 2022. Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion. IOP conference series: earth and environmental science [online], 1101(5): planning, partnership, and law; selected papers from 2022 World building congress (WBC2022): building our future; informing practice to enhance the lives of current and future generations, 27-30 June 2022, Melbourne, Australia, article 052001. Available from: https://doi.org/10.1088/1755-1315/1101/5/052001

Construction delay claims are a leading cause for disputes in the sector. There are two primary aspects to such disagreements: legal and factual. The focus of this paper is the latter. It identifies, evaluates and ranks the factors that impact the an... Read More about Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion..

Forensic delay analysis as evidence of transaction costs in construction projects. (2022)
Journal Article
ATANASOV, V.A., GREENWOOD, D.J., ROSS, H. and SANCHEZ, D.E. 2022. Forensic delay analysis as evidence of transaction costs in construction projects. IOP conference series: earth and environmental science [online], 1101(5): planning, partnership, and law; selected papers from 2022 World building congress (WBC2022): building our future; informing practice to enhance the lives of current and future generations, 27-30 June 2022, Melbourne, Australia, article 052009. Available from: https://doi.org/10.1088/1755-1315/1101/5/052009

Construction projects are characterised by supply chains with multiple contracts and significant transaction costs. An example of these costs is to be found in the management of project delays. The operationalisation and measurement of transaction co... Read More about Forensic delay analysis as evidence of transaction costs in construction projects..

Hong Kong Association of Banks alternative means of payments of funds under payment arrangements for property transactions (PAPT): possible concerns from banks and clients. (2022)
Journal Article
LAW, S.W. and MAK, C.H.W. 2022. Hong Kong Association of Banks alternative means of payments of funds under payment arrangements for property transactions (PAPT): possible concerns from banks and clients. Hong Kong lawyer [online], October 2022, pages 34-37. Available from: https://www.hk-lawyer.org/content/hong-kong-association-banks-alternative-means-payments-funds-under-payment-arrangements

Hong Kong Association of Banks (HKAB), the DTC Association (DTCA) and the Hong Kong S.A.R. Licensed Money Lenders Association have been working on the provision of an alternative means of payments of funds under Payment Arrangements for Property Tran... Read More about Hong Kong Association of Banks alternative means of payments of funds under payment arrangements for property transactions (PAPT): possible concerns from banks and clients..

The protection of badgers: where are we now? (2022)
Journal Article
DARNELL, H. 2022. The protection of badgers: where are we now? UK journal of animal law [online], 6(2), pages 27-36. Available from: https://tinyurl.com/2s3f3t2e

Whilst originally enacted to make provision for the protection of wild birds and their habitats, the 1981 Act introduced the notion of species-specific legislation as it amended several key pieces of animal welfare legislation involving certain mamma... Read More about The protection of badgers: where are we now?.

Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube. (2022)
Journal Article
LAUTERBACH, T. 2022. Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube. Edinburgh law review [online], 26(3), pages 433-437. Available from: https://doi.org/10.3366/elr.2022.0791

Sky UK Ltd v Cherrie presented the first opportunity for a Scottish court to add to the growing jurisprudence on copyright infringement by means of linking content on the internet. Lady Wolffe's decision in the Outer House is particularly noteworthy,... Read More about Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube..

Federal Commissioner of Taxation v Carter (2022) HCA 10: a game changer for taxation of trust distributions in Australia? (2022)
Journal Article
MAK, C.H.W. 2022. Federal Commissioner of Taxation v Carter (2022) HCA 10: a game changer for taxation of trust distributions in Australia? Trusts and trustees [online], 28(9), pages 886-890. Available from: https://doi.org/10.1093/tandt/ttac098

In Federal Commissioner of Taxation v Carter, the High Court of Australia asked to clarify the meaning of 'is presently entitled' under section 97(1) of the Income Tax Assessment Act. This case is a significant example of the High Court dealing in re... Read More about Federal Commissioner of Taxation v Carter (2022) HCA 10: a game changer for taxation of trust distributions in Australia?.

Banking on Beijing: the aims and impacts of China's overseas development program. (2022)
Journal Article
MAK, C.H.W. 2022. Banking on Beijing: the aims and impacts of China's overseas development program. Butterworths journal of international banking and financial law [online], 37(8), page 562. Available from: https://plus.lexis.com/

This is a review of "Banking on Beijing: the Aims and Impacts of China's Overseas Development Program" by Axel Dreher et al. (Cambridge University Press, 2022). There is growing concern over China's overseas lending and grant-giving activities. Journ... Read More about Banking on Beijing: the aims and impacts of China's overseas development program..

What should come after the implementation of the mutual recognition and assistance in cross-border insolvency between mainland China and Hong Kong? [Journal article] (2022)
Journal Article
LAW, S.W. and MAK, C.H.W. 2022. What should come after the implementation of the mutual recognition and assistance in cross-border insolvency between mainland China and Hong Kong? Journal of international banking law and regulation [online], 37(9), pages 331-336. Available from: https://uk.westlaw.com/Document/I770C1A8019CF11EDB0FCF49155AD4267/View/FullText.html

This article evaluates the new cross-border insolvency cooperation arrangement between Hong Kong and Mainland China from three business perspectives. First, whether it brings a legal effect; second, whether it aids in identifying a company's assets;... Read More about What should come after the implementation of the mutual recognition and assistance in cross-border insolvency between mainland China and Hong Kong? [Journal article].

The logic of financial nationalism: the challenges of cooperation and the role of international law; Global finance in the 21st century: stability and sustainability in a fragmenting world. (2022)
Journal Article
MAK, C.H.W. 2022. The logic of financial nationalism: the challenges of cooperation and the role of international law; Global finance in the 21st century: stability and sustainability in a fragmenting world. Asian journal of international law [online], 12(2), pages 427-429. Available from: https://doi.org/10.1017/S2044251322000509

This is a book review for two titles: "The Logic of Financial Nationalism: The Challenges of Cooperation and the Role of International Law", by Federico Lupo-Pasini; and "Global Finance in the 21st Century: Stability and Sustainability in a Fragmenti... Read More about The logic of financial nationalism: the challenges of cooperation and the role of international law; Global finance in the 21st century: stability and sustainability in a fragmenting world..

Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? (2022)
Journal Article
CHRISTIE, D., SAINTIER, S. and VIVEN-WILKSCH, J. 2022. Industry led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? Liverpool law review [online], 43(2), pages 287-310. Available from: https://doi.org/10.1007/s10991-022-09307-5

The law of contract is changing. "Good faith" and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia... Read More about Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law?.

The threat to our human rights: the repeal of the Human Rights Act 1998. (2022)
Journal Article
ARNELL, P. 2022. The threat to our human rights: the repeal of the Human Rights Act 1998. Medicine, science and the law [online], 62(4), pages 248-250. Available from: https://doi.org/10.1177/00258024221111908

Human rights were introduced into the United Kingdom law over two decades ago. They were, it was said, brought home. The Human Rights Act 1998 (HRA) created binding and justiciable human rights for everyone within the jurisdiction of the country. UK... Read More about The threat to our human rights: the repeal of the Human Rights Act 1998..

The universality of human rights in UK extradition law. (2022)
Journal Article
ARNELL, P. 2022. The universality of human rights in UK extradition law. Transnational criminal law review [online], 1(1), pages 52-68. Available from: https://doi.org/10.22329/tclr.v1i1.7481

The question of the universality of human rights has arisen in the context of United Kingdom and European Court of Human Rights extradition jurisprudence. It is a consequence of the law requiring that all extraditions must be compatible with human ri... Read More about The universality of human rights in UK extradition law..

Gender equality and climate change: the International Maritime Organization's impact on Mauritius climate justice. (2022)
Journal Article
ODUSANYA, T.O. 2022. Gender equality and climate change: the International Maritime Organization's impact on Mauritius climate justice. Carnelian journal of law and politics [online], 3(1), article number II. Available from: https://carnelianjournal.com/wp-content/uploads/2022/04/Odusanya-CLJP-2.pdf

This study examined gender equality and the International Maritime Organization (IMO's) impact in consideration to Mauritius climate justice. Women are directly, severely and inversely affected by climate change, yet they are typically overlooked, si... Read More about Gender equality and climate change: the International Maritime Organization's impact on Mauritius climate justice..

Rockford Trilogy Ltd v NCR Ltd. (2022)
Journal Article
ANDERSON, C. 2022. Rockford Trilogy Ltd v NCR Ltd. Scots law times [online], 2022(20), pages 111-112. Available from: https://uk.westlaw.com/

Discusses Rockford Trilogy Ltd v NCR Ltd (IH) on the concept of the renewal of leases by tacit relocation, focusing on the exclusion of tacit relocation by implied, informal notice.

The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. (2022)
Journal Article
SEN, P., CROWLEY, G., ARNELL, P., KATONA, C., PILLAY, M., WATERMAN, L.Z. and FORRESTER, A. 2022. The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. Medicine, science and the law, 62(3), pages 165-167. Available from: https://doi.org/10.1177/00258024221104163

The United Kingdom government has made a concerted decision to ramp up its 'hostile environment' policy towards asylum seekers and refugees. The original policy took the form of 'a package of measures designed to make life so difficult for individual... Read More about The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law..