All Outputs (22)

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.

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)..

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?.

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].

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?.

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..

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.

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..

The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. (2022)
Journal Article
ARNELL, P. and FATUROTI, B. 2023. The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. International review of law, computers and technology [online], 37(1), pages 29-51. 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..

Sovereign wealth funds and national security: three purposes of regulations and beyond. (2022)
Journal Article
MAK, C.H.W. and LAW, S.W. 2022. Sovereign wealth funds and national security: three purposes of regulations and beyond. King's student law review [online], 12(1), pages 58-76. Available from: http://blogs.kcl.ac.uk/kslr/files/2022/06/Mak.KSLR_.VolXIIIssueI.2022.pdf

In light of the fact that the international investments made by state investors have tremendously expanded since the 19th century, there is a heated debate concerning the regulatory issues and challenges raised by sovereign wealth funds (SWFs). This... Read More about Sovereign wealth funds and national security: three purposes of regulations and beyond..

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..

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..

Bryson v Salmond. (2022)
Journal Article
ANDERSON, C. 2022. Bryson v Salmond. Scots law times [online], 2022(6), pages 34-36. Available from: https://uk.westlaw.com

This article discusses Bryson v Salmond (Sc Ct) n the interpretation of a real burden imposed upon a property to provide the method for establishing the sums due to a neighbouring heritable proprietor in respect of shared maintenance and repair costs... Read More about Bryson v Salmond..