Professor Paul Arnell's Outputs (85)

Group proceedings, negligence and res judicata in Scotland. (2024)
Journal Article
MANTE, J. and ARNELL, P. 2024. Group proceedings, negligence and res judicata in Scotland. Journal of professional negligence [online], 40(4), pages 177-183. Available from: https://www.bloomsburyprofessionalonline.com/view/journal_prof_negl/b-17466709_40-4-0000558.xml

This article discusses McCluskey v Scott Wilson Scotland Ltd (OH) on the extent to which an individual in a group action, which had sought personal injury damages against a civil engineering company for alleged negligence in the inspection and remedi... Read More about Group proceedings, negligence and res judicata in Scotland..

The demise of mutual trust: UK-EU extradition post-Brexit: execution of European arrest warrants against MA (Alchaster Case) (C-202/24). (2024)
Journal Article
ARNELL, P. 2024 The demise of mutual trust: UK-EU extradition post-Brexit: execution of European arrest warrants against MA (Alchaster Case) (C-202/24). Scots law times [online], 2024(39), pages 277-279. Available from: https://uk.westlaw.com

This case comment considers extraditions from the UK to the EU post-Brexit, focusing on Execution of European Arrest Warrants against MA (C-202/24) (ECJ), a request for a preliminary ruling on the conditions under which arrest warrants issued by the... Read More about The demise of mutual trust: UK-EU extradition post-Brexit: execution of European arrest warrants against MA (Alchaster Case) (C-202/24)..

The resurrection of the political offence exception to extradition in UK law. (2024)
Journal Article
ARNELL, P. and WALKER, C. 2024. The resurrection of the political offence exception to extradition in UK law. New journal of European criminal law [online], 15(4), pages 412-431. Available from: https://doi.org/10.1177/20322844241290613

The resurrection of the political offence exception to extradition in UK law would be worthwhile. Once providing protection to persons sought for offences of a political character, the exception was removed from UK law in 2004. A number of factors we... Read More about The resurrection of the political offence exception to extradition in UK law..

Grampian Community Law Clinic. (2024)
Presentation / Conference Contribution
ARNELL, P., COX, R. and O’NEILL, R. 2024. The Grampian Community Law Clinic. Presented at the April 2024 Law School webinar, 10 April 2024, [virtual event]. Hosted on YouTube [online]. Available from: https://www.youtube.com/watch?v=weMM4Ergmaw

In this webinar, Paul Arnell, Rebecca Cox and Rachel O'Neill (all affiliated with Robert Gordon University) discuss the Law clinic's work, its impact and its challenges. The Law School at RGU launched The Grampian Community Law Clinic (GCLC) in 2013.... Read More about Grampian Community Law Clinic..

Julian Assange: how British extradition law works. [Newspaper article] (2024)
Newspaper / Magazine
DAVIES, G. and ARNELL, P. 2024. Julian Assange: how British extradition law works. The Conversation [online], 27 March 2024. Available from: https://theconversation.com/julian-assange-how-british-extradition-law-works-224703

In this article, the authors assess the current situation regarding the extradition of Julian Assange from the UK and what the case demonstrates about UK extradition law.

Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. (2024)
Journal Article
ARNELL, P. 2024. Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. Asia Pacific law review [online], 32(2), pages 549-553. Available from: https://doi.org/10.1080/10192557.2024.2323811

Extraterritorial criminal jurisdiction is a seemingly novel, arcane subject. Belgium's efforts in relatively recent years to try and punish persons accused of some of the most serious crimes may help create this impression. It is, however, only parti... Read More about Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea..

The war in Ukraine and the legal profession. (2024)
Presentation / Conference Contribution
ARNELL, P. and CHERNYKH, A. 2024. The war in Ukraine and the legal profession. Presented at the March 2024 Law School webinar , 6 March 2024, [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=ApmLOEaf-cU

In the first Law School webinar of 2024, Dr Paul Arnell (Robert Gordon University) and Alexandr Chernykh (GB representative of the Ukrainian National Bar Association) discuss the war in Ukraine and its impact on the legal profession in the country, a... Read More about The war in Ukraine and the legal profession..

The Charities (Regulation and Administration) (Scotland) Act 2023. (2024)
Journal Article
ILOKA, U. and ARNELL, P. 2024. The Charities (Regulation and Administration) (Scotland) Act 2023. Scots law times [online], 2024(8), pages 33-35. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Charities (Regulation and Administration) (Scotland) Act 2023 which amends the Charities and Trustee Investment (Scotland) Act 2005 to enhance transparency, and strengthen the regulation, of cha... Read More about The Charities (Regulation and Administration) (Scotland) Act 2023..

The extradition of Mike Lynch: should the forum bar be amended? (2024)
Journal Article
ARNELL, P. and DAVIES, G. 2024. The extradition of Mike Lynch: should the forum bar be amended? Criminal law review [online], 2024(2), pages 104-111. Available from: https://uk.westlaw.com

Discusses the extradition of Mike Lynch to the US to face charges of wire fraud, conspiracy to commit wire fraud and securities fraud, for overinflating the value of a software company, and the arguments that the extradition should have been barred o... Read More about The extradition of Mike Lynch: should the forum bar be amended?.

International crimes in United Kingdom and Japanese law and practice. (2023)
Journal Article
ARNELL, P. and KAWAI, T. 2023. International crimes in United Kingdom and Japanese law and practice. Nihon University comparative law, 39, pages 89-103. Available from: https://tinyurl.com/39ejnjtp

The incorporation and application of international criminal law by states is critical if the gravest acts are to be deterred and punished. International law and institutions cannot alone meet the challenge of addressing these crimes. That the princip... Read More about International crimes in United Kingdom and Japanese law and practice..

The new charity law in Scotland. (2023)
Presentation / Conference Contribution
ARNELL, P. and ILOKA, U. 2023. The new charity law in Scotland. Presented at the December 2023 Law School webinar, 6 December 2023, [virtual event]. Hosted on YouTube [online]. Available from: https://www.youtube.com/watch?v=CaIhQ6VaskQ

In this webinar Uche Iloka and Paul Arnell (both affiliated with the Robert Gordon University) consider the intricacies of charity law, its evolution in Scotland and the practical implications of these developments for professionals working in the se... Read More about The new charity law in Scotland..

The imposition of European Convention on Human Rights standards in extradition. (2023)
Journal Article
ARNELL, P. 2023. The imposition of European Convention on Human Rights standards in extradition. Scots law times [online], 2023(39), pages 221-223. Available from: http://legalresearch.westlaw.co.uk/

Discusses Morrow (Sarah Lynn) v HM Advocate (HCJ Appeal) refusing a US national leave to appeal against a decision that there was no bar to her extradition to stand trial in the US on charges of defrauding her former employer, finding that her rights... Read More about The imposition of European Convention on Human Rights standards in extradition..

Court ruling a triumph of law over dangerous politics. [Newspaper article] (2023)
Newspaper / Magazine
ARNELL, P. 2023. Court ruling a triumph of law over dangerous politics. [Newspaper article]. The Scotsman [online], 16 November 2023. Available from: https://tinyurl.com/v98n4fa2

One of Prime Minister Rishi Sunak's key pledges in January 2023 was to "stop the boats". Central to the plan is the UK-Rwanda Memorandum of Understanding, agreed in April 2022. Under this deal, Rwanda promised to accept and consider for asylum people... Read More about Court ruling a triumph of law over dangerous politics. [Newspaper article].

Utilising trust law as a mechanism for sovereign debt repayment. (2023)
Presentation / Conference Contribution
ARNELL, P. and MAK, C. 2023. Utilising trust law as a mechanism for sovereign debt repayment. Presented at the November 2023 Law School webinar, 8 November 2023 [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=75jspzA5570

In this webinar, Paul Arnell and Charles Mak (both affiliated with the Robert Gordon University) will explore a creative yet rarely discussed solution to this issue - trust law. Just as trusts help individuals manage their finances, they can help cou... Read More about Utilising trust law as a mechanism for sovereign debt repayment..

The Illegal Migration Act 2023: an unlawful affront to justice. (2023)
Presentation / Conference Contribution
MANTE, J. and ARNELL, P. 2023. The Illegal Migration Act 2023: an unlawful affront to justice. Presented at the October 2023 Law School webinar, 11 October 2023, [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=YATnx5A6FQs

In this webinar Paul Arnell and Joseph Mante (both affiliated the Robert Gordon University) discuss the Illegal Migration Act 2023 and its implications. The latest attempt to address to flow of persons arriving on the shores of England from France i... Read More about The Illegal Migration Act 2023: an unlawful affront to justice..

Extradition/surrender under the TCA. (2023)
Book Chapter
ARNELL, P. [2025]. Extradition/surrender under the TCA. In Davies, G. and Farrand Carrapico, H. (eds.) UK-EU police and judicial cooperation post-Brexit. Oxford: Hart Publishing, (forthcoming). Available from: https://www.bloomsbury.com/uk/ukeu-police-and-judicial-cooperation-postbrexit-9781509966448/

The UK's Illegal Migration Bill: human rights violated. (2023)
Journal Article
ARNELL, P., LEWIS, O., KALOCSÁNYIOVÁ, E. and FORRESTER, A. 2023. The UK's Illegal Migration Bill: human rights violated. Medicine, science and law [online], 63(4), pages 267-269. Available from: https://doi.org/10.1177/00258024231186736

Stopping asylum seekers from arriving in the UK on small boats was one of the five key pledges made by Prime Minister Rishi Sunak in January 2023.1 An important facet of the attempt to meet that promise is the Illegal Migration Bill. Introduced in Ma... Read More about The UK's Illegal Migration Bill: human rights violated..

Group proceedings in Scotland. (2023)
Journal Article
MANTE, J. and ARNELL, P. 2023. Group proceedings in Scotland. Scots law times [online], 2023 (19), pages 93-96. Available from: https://uk.westlaw.com

From 31 July 2020 a new form of proceedings, group proceedings, have been available in the Court of Session. A group for this purpose comprises two or more individuals who each have a separate claim in the subject matter. Litigation has begun. Consid... Read More about Group proceedings in Scotland..

Borders of convenience: European legal measures and the migration crisis. (2023)
Book Chapter
ARNELL, P. and LYONS, C. 2023. 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], chapter 26, pages 421-431. Available from: https://doi.org/10.1007/978-3-031-06604-7_26

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..

Blockchain in construction law. (2023)
Presentation / Conference Contribution
ARNELL, P., CHRISTIE, D., MANTE, J. and DOUNAS, T. 2023. Blockchain in construction law. Presented at the March 2023 In conversation with Paul Arnell, David Christie, Joseph Mante and Theo Dounas, 1 March 2023 [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=WxcySoZo2tI

In this webinar Paul Arnell, David Christie, Joseph Mante and Theo Dounas (all affiliated with Robert Gordon University) discuss construction law including Blockchain, Smart Contracts and payments.