Showing 1 - 10 of 12
The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical,...
Persistent link: https://www.econbiz.de/10012910728
This report is from a Cambridge Workshop on the openness of large bioresources in synthetic biology and genomics (e.g. the 100,000 Genomes Project), held on 28 January 2016. Research in SB and Gx depends on the use of collections of tissue and data, commonly known as bioresources. Substantial...
Persistent link: https://www.econbiz.de/10012966795
This paper is a case note on Ilott v Mitson [2015] EWCA Civ 797. The judgment concerns the appropriate remedy following a successful claim by an estranged adult daughter under the Inheritance (Provision for Family and Dependants) Act 1975. The charities who were named in the mother’s will have...
Persistent link: https://www.econbiz.de/10014126851
This article focuses on the increased scope for tension between obligations under investment treaties, particularly fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because investment treaties were created to protect investors from...
Persistent link: https://www.econbiz.de/10014129931
The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the...
Persistent link: https://www.econbiz.de/10013054260
Drawing upon evidence from early-sixteenth-century Chancery pleadings, this paper aims to contribute to our understanding of the framing of the Statute of Uses 1536. It looks, not backwards from later unexecuted uses or trusts, but forwards from evidence of practice in creating uses in the...
Persistent link: https://www.econbiz.de/10014143088
This paper examines the Declaration on the Future of the European Court of Human Rights – the product of the High Level Conference of the Council of Europe's Committee of Ministers that was held in Brighton, UK, in April 2012. The paper considers the extent to which the Declaration is likely...
Persistent link: https://www.econbiz.de/10013103370
In this paper, I reflect on the ongoing debate concerning the protection of human rights in the UK. I attempt to situate that debate within its legal and political context by examining the underlying reasons that might explain why the Act has been the source of so much controversy. Against that...
Persistent link: https://www.econbiz.de/10013072215
This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...
Persistent link: https://www.econbiz.de/10013075950
In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how...
Persistent link: https://www.econbiz.de/10013076020