All Outputs (253)

Dispensing with the consent of a non-entitled spouse. (2014)
Journal Article
ANDERSON, C. 2014. Dispensing with the consent of a non-entitled spouse. Juridical review [online], 3, pages 177-186. Available from: http://www.westlaw.co.uk

Discusses the right given to a non-owning spouse to occupy the matrimonial home under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and in particular s.7 which allows the court to dispense with the non-owning spouse's consent to deali... Read More about Dispensing with the consent of a non-entitled spouse..

Time for a public policy update in police liability? (2014)
Journal Article
ARNELL, S. 2014. Time for a public policy update in police liability? Scots law times [online], 2014(26), pages 111-113. Available from: http://westlaw.co.uk

This article discusses, with reference to leading case law developments such as the Queen's Bench Division ruling in DSD v Commissioner of Police of the Metropolis, the issue of police accountability in the detection and investigation of crime and co... Read More about Time for a public policy update in police liability?.

Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system. (2014)
Journal Article
FATUROTI, B. 2014. Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system. Journal of comparative law in Africa, 1(1), pages 66-89.

Many legal jurisdictions have come to the realisation of how judicial bureaucracies and rigidity have left many disputants disenchanted about the entire justice system. This article examines the responses of State Governments in Nigeria to the proble... Read More about Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system..

Extradition between friends. (2014)
Journal Article
ARNELL, P. 2014. Extradition between friends. Criminal law and justice weekly [online], 178(24), page 361. Available from: https://www.lexisnexis.com/uk/legal/

With friends like these, who needs enemies is an epithet that appears to apply to the United Kingdom's extradition partners. Draconian sentencing policies, unjust plea bargaining, unlawful rendition, systemic judicial corruption, deficient medical tr... Read More about Extradition between friends..

The international co-operation unit of the COPFS. (2014)
Journal Article
ARNELL, P. 2014. The international co-operation unit of the COPFS. SCOLAG legal journal, 439, pages 96-97.

Dr Paul Anell gives an overview of the report by the Inspectorate of Prosecution in Scotland. NOTE: publisher link no longer working (last checked 2019-01-31).

Removing oil subsidies in Nigeria: between necessity and false economy. (2014)
Journal Article
EZEANI, E.C. 2015. Removing oil subsidies in Nigeria: between necessity and false economy. Journal of world energy law and business [online], 7(4), pages 364-389. Available from: https://doi.org/10.1093/jwelb/jwu018

The rising costs of oil products on the global market and increasing dependency on fossil fuels have become a concern for both governments and international bodies. Aside from calls to governments to move towards alternatives in the form of renewable... Read More about Removing oil subsidies in Nigeria: between necessity and false economy..

CRC general comments on children's health, impact of the business sector and the right to rest, leisure and play. (2013)
Journal Article
WALLACE, R.M.M., MARTIN-ORTEGA, O. and ROSS, H. 2013. CRC general comments on children's health, impact of the business sector and the right to rest, leisure and play. Irish journal of family law, 6(2), pages 35-40.

In April 2013, the UN Committee on the Rights of the Child (CRC) published the three General Comments which had been adopted at its 62nd session. General comments 15, 16 and 17 relate to the right of the child to enjoyment of the highest attainable s... Read More about CRC general comments on children's health, impact of the business sector and the right to rest, leisure and play..

CRC general comment 14 on the right of the child to have his or her best interests taken as a primary consideration. (2013)
Journal Article
ROSS, H. 2013. CRC general comment 14 on the right of the child to have his or her best interests taken as a primary consideration. Irish journal of family law, 16(4), pages 110-114.

In May 2013, the UN Committee on the Rights of the Child (“CRC”) published General Comment 14 which had been adopted at its 62nd session. General Comment 14 relates to the right of the child to have his or her best interests taken as a primary consid... Read More about CRC general comment 14 on the right of the child to have his or her best interests taken as a primary consideration..

Causation compared: facts, fictions inferences and legal legitimacy. (2013)
Journal Article
ARNELL, S. 2013. Causation compared: facts, fictions inferences and legal legitimacy. Journal of comparative law, 8(1), pages 63-104.

An analysis of how the supreme courts in Australia, Canada, and the United Kingdom have dealt with evidential difficulties in establishing causation in tort/delict, where there is a gap in scientific knowledge which makes it impossible to say how an... Read More about Causation compared: facts, fictions inferences and legal legitimacy..

Making treatment decisions for the future: advance directives and the question of legislative clarity. (2013)
Journal Article
CHRISTIE, S. and ANDERSON, M. 2013. Making treatment decisions for the future: advance directives and the question of legislative clarity. Journal of medical law and ethics [online], 1(2) pages 85-109. Available from: https://www.uitgeverijparis.nl/reader/9349/8498

This article sets out to consider the extent to which advance directives can be used as an effective means to entrench personal autonomy, and, in the light of their statutory form in numerous other jurisdictions, consider the various approaches which... Read More about Making treatment decisions for the future: advance directives and the question of legislative clarity..

Is a claim for post-employment victimisation currently permissible under the Equality Act 2010? (2013)
Journal Article
MIDDLEMISS, S. 2014. Is a claim for post-employment victimisation currently permissible under the Equality Act 2010? International journal of discrimination and the law [online], 14(2), pages 117-125. Available from: https://doi.org/10.1177/1358229113510825

This article provides an overview of the current legal rules dealing with post-employment victimisation and an analysis of the nature and scope of the law on this issue in the United Kingdom. The main focus of the article is to consider the conflicti... Read More about Is a claim for post-employment victimisation currently permissible under the Equality Act 2010?.

Evolution of the legal framework for oil and gas exploration and production in Namibia. (2013)
Journal Article
MOLLER, L. 2013. Evolution of the legal framework for oil and gas exploration and production in Namibia. Oil, gas and energy law (OGEL) [online], 2013(5). Available from: www.ogel.org/article.asp?key=3383

This article highlights the existing national legal framework in Namibia relating to the exploration and production of offshore petroleum resources. It gives a brief summary of the historical context before discussing the extent to which the policy a... Read More about Evolution of the legal framework for oil and gas exploration and production in Namibia..

Human trafficking in Scotland: the legislative response. (2013)
Journal Article
ARNELL, P. and OGILVIE, T. 2013. Human trafficking in Scotland: the legislative response. SCOLAG legal journal [online], 430, pages 164-165. Available from: http://www.scolag.org/system/files/2013_SCOLAG_164-165.pdf

Human trafficking in Scotland has entered the realms of political rhetoric, governmental consciousness and academic debate. Following a summit on human trafficking in October 2012 in Edinburgh Justice Minister Kenny MacAskill said 'We want to send ou... Read More about Human trafficking in Scotland: the legislative response..

The cost of kindness: voluntary workers and intern's rights under employment law. (2013)
Journal Article
MIDDLEMISS, S. 2014. The cost of kindness: voluntary workers and intern's rights under employment law. International journal of business law [online], 1, pages 130-149.

This article involves analysis of the employment rights of voluntary workers in the United Kingdom or more appropriately, their absence of rights. To emphasize the nature and extent of the problem for volunteers, a review of voluntary working in Scot... Read More about The cost of kindness: voluntary workers and intern's rights under employment law..

Theft, property rights and the human body: a Scottish perspective. (2013)
Journal Article
BROWN, J. 2013. Theft, property rights and the human body: a Scottish perspective. Journal of medical law and ethics [online], 1(1), pages 43-59. Available from: https://www.uitgeverijparis.nl/reader/192681/7695

The notion of proprietal rights in human biological material is one which, until recently with the case of Yearworth v. North Bristol NHS Trust [2010] QB 1, the English courts have heavily resisted. Consequently it has been assumed by many legal comm... Read More about Theft, property rights and the human body: a Scottish perspective..

The European human rights influence upon UK extradition: myth debunked. (2013)
Journal Article
ARNELL, P. 2013. The European human rights influence upon UK extradition: myth debunked. European journal of crime, criminal law and criminal justice [online], 21(3-4), page 317-337. Available from: https://doi.org/10.1163/15718174-21042032

There exists a perception within the UK that human rights law emanating from Europe acts to the detriment of extradition. This is not the case. This article describes the effect of the ECHR and Fundamental Charter of Human Rights upon UK extradition... Read More about The European human rights influence upon UK extradition: myth debunked..

The 21st century terrorist: hostis humani generis? (2012)
Journal Article
EZEANI, E.C. 2012. The 21st century terrorist: hostis humani generis? Beijing law review [online], 3(4), pages 158-169. Available from: https://doi.org/10.4236/blr.2012.34022

Some argue that 21st century terrorism is no different from the past. This paper argues otherwise. It considers that our social response”The revulsion against the frequent violation of the sanctity of human life and the indiscriminate de- struction o... Read More about The 21st century terrorist: hostis humani generis?.

The legal impact on employers where there is a sham element in contracts with their workers. (2012)
Journal Article
MIDDLEMISS, S. 2012. The legal impact on employers where there is a sham element in contracts with their workers. International journal of law and management [online], 54(3), pages 209-221. Available from: https://doi.org/10.1108/17542431211228610

The recent development of legal rules that can invalidate sham clauses or bogus contracts in employment have proven beneficial to workers, in particular those workers that want to be treated as employees. This paper aims to investigate this issue. Th... Read More about The legal impact on employers where there is a sham element in contracts with their workers..

Complementarity or disparity? (2012)
Journal Article
FATUROTI, B. 2012. Complementarity or disparity? the UNICITARAL model law on international commmercial arbitration 1985 and English arbitration act 1996 revisited. University of Ibadan law journal, 12(1).

Interest in the use of arbitration as a mechanism for resolving commercial disputes has grown tremendously in the last two decades. This growth could be credited to the awareness by national governments and international bodies to change the culutre... Read More about Complementarity or disparity?.

Arbitrability in the context of Ghana's new arbitration law. (2012)
Journal Article
MANTE, J. and NDEKUGRI, I. 2012. Arbitrability in the context of Ghana's new arbitration law. International arbitration law review [online], 15(2), pages 31-41. Available from: https://westlaw.co.uk

Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of arbitrability under international law, the relevant trends emerging from case law, and the approach adopted by the G... Read More about Arbitrability in the context of Ghana's new arbitration law..