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Ahmed (Adnan) v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland Act 2010) s 38(1). (2022)
Journal Article
SHARP, L. [2022]. Ahmed (Adnan) v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland Act 2010) s 38(1). Juridical Review [online], (accepted). To be made 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 (Adnan) v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland Act 2010) s 38(1)..

Resolving Scottish paediatric end-of-life conflicts. (2022)
Journal Article
SIVERS, S. and DOWNIE, M. [2022]. Resolving Scottish paediatric end-of-life conflicts. Medico-legal journal [online], (accepted). To be made 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..

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..

Smart contracts and payment in UK construction: the legal framework. (2022)
Book Chapter
CHRISTIE, D.S. and MANTE, J. 2022. Smart contracts and payment in UK construction: the legal framework. In Dounas, T. and Lombardi, D. (eds.) Blockchain for construction. Singapore: Springer [online], pages 167-184. Available from https://doi.org/10.1007/978-981-19-3759-0_9

This chapter critically evaluates the way in which the existing United Kingdom (UK) construction payment regime will function with – and assist – payment mechanisms which utilise smart contracts. Blockchain is one of several new developments in the i... Read More about Smart contracts and payment in UK construction: the legal framework..

Current critical concerns: ethical corporations, public security. (2022)
Presentation / Conference
AMAESHI, K. and ILESANMI, O. 2022. Current critical concerns: ethical corporations, public security. Presented at the 6th Adapting to a changing world seminar, 15 September 2022, [virtual event].

This seminar was the sixth of six seminars in the "Adapting to a Changing World" series, convened by Elimma Ezeani. This particular event focused on the issue of whether (and how) corporations can be ethical, and also looked at international security... Read More about Current critical concerns: ethical corporations, public security..

Policy instruments and social license for hydrogen uptake in Scotland. (2022)
Presentation / Conference
MAULET, N. 2022. Policy instruments and social license for hydrogen uptake in Scotland. Presented at 113th Annual conference of the Society of Legal Scholars 2022 (SLS 2022), 6-9 September 2022, London, UK.

This conference paper proposes to critically explore several of the core features of Scotland's developing hydrogen policy framework. In doing so, this review focuses on policy instruments financing innovation, and designed to encourage hydrogen inve... Read More about Policy instruments and social license for hydrogen uptake in Scotland..

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], Online First. 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.

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.

Research impact on law and policy making in Africa: energy and construction sectors. (2022)
Presentation / Conference
MANTE, J. and MOLLER, L. 2022. Research impact on law and policy making in Africa: energy and construction sectors. Presented at the 5th Adapting to a changing world seminar, 16 June 2022, [virtual event].

This seminar was the fifth of six seminars in the "Adapting to a Changing World" series, convened by Elimma Ezeani. This particular event focused on how research has impacted law and policy, within the spheres of energy and construction in Africa. Th... Read More about Research impact on law and policy making in Africa: energy and construction sectors..

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..

Assange, mental health and assurances in extradition. (2022)
Journal Article
ARNELL, P. and FORRESTER, A. 2022. Assange, mental health and assurances in extradition. Medico-legal journal [online], Online First. Available from: https://doi.org/10.1177/00258172221081708

Julian Assange is wanted by the United States so it can prosecute him for espionage and hacking. His extradition was barred on mental health grounds. That decision has been overturned. The English High Court has accepted US assurances detailing how h... Read More about Assange, mental health and assurances in extradition..

Borders of convenience: European legal measures and the migration crisis. (2022)
Book Chapter
ARNELL, P. and LYONS, C. [2022]. Borders of convenience: European legal measures and the migration crisis. In Zaman, Q.M. and Hall, G.G. (eds.) Border urbanism: transdisciplinary perspectives. Cham: Springer [online], (forthcoming).

The migration crisis has posed fundamental questions for European institutions. Amongst these are whether EU human rights reality matches its rhetoric. The answer is a resounding no. The reaction of the EU to the crisis has entailed an abdication of... Read More about Borders of convenience: European legal measures and the migration crisis..

The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. (2022)
Journal Article
ARNELL, P. and FATUROTI, B. [2022]. The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. International review of law, computers and technology [online], Latest Articles. Available from: https://doi.org/10.1080/13600869.2022.2061888

Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been i... Read More about The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted..

The relationship between the social licence and law in the context of the Scottish fracking debate: a textual, thematic and comparative analysis of environmental and planning law governing onshore oil and gas authorisations in Scotland. (2022)
Thesis
JONES, A. 2022. The relationship between the social licence and law in the context of the Scottish fracking debate: a textual, thematic and comparative analysis of environmental and planning law governing onshore oil and gas authorisations in Scotland. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-1712821

The Governments of the constituent parts of the UK have, in recent years, considered promoting the exploitation of UK shale formations via fracking in order to recover oil and gas. In all jurisdictions, this has been met with opposition groups citing... Read More about The relationship between the social licence and law in the context of the Scottish fracking debate: a textual, thematic and comparative analysis of environmental and planning law governing onshore oil and gas authorisations in Scotland..

Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour. (2022)
Journal Article
CHRISTIE, D.S. 2022. Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour. Edinburgh law review [online], 26(2), pages 268-273. Available from: https://doi.org/10.3366/elr.2022.0768

At £350m and the 'largest marine infrastructure project in the UK', the work to extend Aberdeen Harbour is a significant but somewhat troubled project, due for completion in 2022. The original main contractor, Dragados, had (reportedly) had difficul... Read More about Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour..

Extradition and the universality of human rights in Scotland. (2022)
Journal Article
ARNELL, P. 2022. Extradition and the universality of human rights in Scotland. Scots law times [online], 2022(11), pages 55-59. Available from: https://uk.westlaw.com

This article reviews the case law pertaining to human rights and extradition law, looking at whether the protection under ECHR art.3 applies equally within and outside the jurisdiction of state parties to the treaty and relativity in an extradition c... Read More about Extradition and the universality of human rights in Scotland..

The importance of the protection of micro enterprises in B2B international commercial contracts. (2022)
Thesis
ADETOBA, O.A. 2022. The importance of the protection of micro enterprises in B2B international commercial contracts. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-1712649

This thesis examines the growing disparity in the application of the doctrine of freedom of contract in international commercial contracts, because of the need to protect perceived weaker parties. Using the qualitative doctrinal legal research and ad... Read More about The importance of the protection of micro enterprises in B2B international commercial contracts..

Good faith, mutual trust and cooperation: recent judicial insights. (2022)
Journal Article
MANTE, J. 2022. Good faith, mutual trust and cooperation: recent judicial insights. Construction law journal [online], 38(2), pages 75-92. Available from: https://uk.westlaw.com

The recent Scottish Inner House decision in the case of Van Oord UK Ltd v Dragados UK Ltd has rekindled discussions about the role of good faith and the duty to act in the spirit of mutual trust and cooperation under the NEC Contract Conditions. The... Read More about Good faith, mutual trust and cooperation: recent judicial insights..