Research Repository

See what's under the surface


Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? (2019)
Journal Article
BROWN, J. 2019. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], 28(3), pages 522-533. Available from: https://doi.org/10.1017/S0963180119000446

The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a potential foundation for rig... Read More

The evolution of European policies on investment arbitration. (2019)
Journal Article
KOTELNIKOV, A. and VOROPAEV, K. [2019]. The evolution of European policies on investment arbitration. Herald of the Euro-Asian law congress [online], (accepted).

Over the last two decades, the European Commission radically altered its attitude towards investment arbitration and became its fierce opponent. This article considers the history of this change, attempts to fathom the pragmatic thinking of the Europ... Read More

Extradition and the Polish judiciary. (2019)
Journal Article
ARNELL, P. 2019. Extradition and the Polish judiciary. Scots law times [online], 18, pages 53-55. Available from: http://westlaw.co.uk

This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, argued that there was the appea... Read More

Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. (2019)
Journal Article
BROADBENT, I.D. and NIXON, C.L.B. 2019. Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. Marine policy [online], In Press. Available from: https://doi.org/10.1016/j.marpol.2019.103529

The Docking Shoal project was developed by Centrica as part of The Crown Estate’s Round 2 of UK offshore wind licensing. After 8 years of development, the project was ultimately refused planning consent by the Secretary of State for Energy and Climat... Read More

Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? (2019)
Journal Article
FATUROTI, B., AGBAITORO, G. and ONYA, O. 2019. Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? African journal of international and comparative law [online], 27(2), pages 225-245. Available from: https://doi.org/10.3366/ajicl.2019.0270

The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made an historic deviation from the usual trend of seeking for monetary compensation by host communities in oil rich regions in Nigeria. Rather, it seeks to correct re... Read More

Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. (2019)
Journal Article
CHRISTIE, S. 2019. Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. Journal of medical law and ethics [online], 2019(1). Available from: https://www.uitgeverijp...eader/205341/1001426917

This paper considers the interpretation of section 25(2)(c) of the Mental Capacity Act 2005, on the relevance of subsequent inconsistent behaviour by the maker of an advance decision. Consideration of the very few cases, and analysis of how existing... Read More

Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. (2019)
Journal Article
ROSS, H. 2019. Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. International journal of children's rights [online], 27(2), pages 373-409. Available from: https://doi.org/10.1163/15718182-02702004

This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as a barometer of judicial atti... Read More

Young people and their understanding of loss and bereavement. (2019)
Journal Article
SCOTT, R., WALLACE, R., AUDSLEY, A. and CHARY, S. 2019. Young people and their understanding of loss and bereavement. Bereavement care [online], 38(1), pages 6-12. Available from: https://doi.org/10.1080/02682621.2019.1588560

A significant proportion of secondary school pupils in the UK have experienced the death of someone close. Bereavement in childhood can have a significant and long lasting impact. The aim of this study was to explore how pupils aged between 12 and 18... Read More

Extradition and mental health in UK law. (2019)
Journal Article
ARNELL, P. 2019. Extradition and mental health in UK law. Criminal law forum [online], Latest Articles. Available from: https://doi.org/10.1007/s10609-019-09369-7

The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. The issues raised are not consistently addressed. The reasons for this are manifold and inter-rel... Read More

The arbitration agreement. (2019)
Book Chapter
KOTELNIKOV, A. [2019]. The arbitration agreement. In Kotelnikov, A., Kurochkin, S. and Skvortsov, O. Arbitration in Russia. Alphen aan den Rijn: Wolters Kluwer, chapter 3, (accepted).

It is a well-established rule that commercial arbitration stems from an agreement to arbitrate, which is a prerequisite and a basis for the arbitral procedure. The entire process, from its inception to the award, originates in the agreement of the pa... Read More

Award. (2019)
Book Chapter
KOTELNIKOV, A. [2019]. Award. In Kotelnikov, A., Kurochkin, S. and Skvortsov, O. Arbitration in Russia. Alphen aan den Rijn: Wolters Kluwer, chapter 10, (accepted).

An arbitral award is the ultimate result of the proceedings, and parties normally expect their arbitration to end in a final and binding award. It is therefore unsurprising that Article 2 of the Arbitration Act 2015 defines arbitration as a process w... Read More

Jus quaesitum tertio: a res, not a right? (2019)
Journal Article
BROWN, J. 2019. Jus quaesitum tertio: a res, not a right? Juridical review [online], 1, pages 53-74. Available from: http://westlaw.co.uk(accepted).

Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main problems: Firstly, such a right... Read More

Relationship problems? Liability of employers for sexual relationships at work. (2019)
Journal Article
MIDDLEMISS, S. 2019. Relationship problems? Liability of employers for sexual relationships at work. Interdisciplinary perspectives on equality and diversity [online] 5(1), article 62. Available from: http://journals.hw.ac.u.../article/download/62/50

Research has shown that sexual relationships at work are on the increase and the consequences for the parties (particularly employees and workers) can be the breakdown of working relationships, loss of employment and ultimately a legal claim. It ther... Read More

Scots law as a civilian system: a response. (2019)
Journal Article
BROWN, J. 2019. Scots law as a civilian system: a response. Scottish law gazette, 86(4), pages 59-61.

This article responds to Lord Gill's speech given to the Judicial Institute on 14 July 2016, concerning the Roman law origins of the Scottish legal system, discussing how this tradition means that the Scottish system is a blend of civil and common la... Read More

Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? (2019)
Journal Article
DOWNIE, M. 2019. Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? International journal of decrimination and the law [online], 19(1), pages 4-25. Available from: https://doi.org/10.1177/1358229118817163

UK law treats equal pay claims based on gender (brought under the equal pay provisions of Part 5 Chapter 3 of the Equality Act 2010) differently from equal pay claims based on other protected characteristics of age, disability, gender reassignment, m... Read More

What an extradition hearing is and why it matters. (2018)
Journal Article
ARNELL, P. 2018. What an extradition hearing is and why it matters. Juridical review [online], 4, pages 250-268. Available from: http://westlaw.co.uk

Extradition is important. It serves vital purposes. The centrepiece of UK extradition is the hearing. It plays the operative role in the rendition of accused and convicted persons from the UK to third states. In light of the significance of extraditi... Read More

Impacts of cultural differences on international arbitration based on the example of Iran. (2018)
Thesis
HOWARD, M. 2018. Impacts of cultural differences on international arbitration based on the example of Iran. Robert Gordon University, PhD thesis.

This research aims to ascertain whether and to what extent cultural issues impact the accessibility and effectiveness of international arbitration, and to provide recommendations which will contribute to the improvement of international arbitration.... Read More

Pay now, argue later... (2018)
Working Paper
CHRISTIE, D. 2018. Pay now, argue later... [online]. Available from: https://www.academia.ed...ppeal_-_my_thoughts.pdf

This is a note on the author's thoughts on the decision of the Court of Appeal on the case of Grove v S&T relating to the interaction of the adjudiction and payment provisions of the Housing Grants, Construction and Regeneration Act 1996 (as amended)... Read More

Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. (2018)
Journal Article
ROSS, H. 2018. Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. International journal of children's rights [online], 26(4), pages 664-699. Available from: https://doi.org/10.1163/15718182-02604008

This article examines the appropriateness of applying civil limitation and related laws to adult claims in historical child abuse cases, focusing on moral and policy issues attending the use of such laws highlighted in a case that is frequently cited... Read More

Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. (2018)
Journal Article
CHRISTIE, D. [2018]. Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], (accepted).

The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must have prizes' That required 'be... Read More