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The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain....
Persistent link: https://www.econbiz.de/10012907393
In the British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills case, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright...
Persistent link: https://www.econbiz.de/10012855923
Tensions between the EU’s legal order and the international investment law regime are not exclusive to the Brexit era, but they certainly gained momentum in the aftermath of this referendum. By incautiously declaring that the UK will remain a party to the Unified Patent System regardless of...
Persistent link: https://www.econbiz.de/10014032315
This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...
Persistent link: https://www.econbiz.de/10014108462
This paper consists in the “Lens of London” documentary which is created by Queen Mary students of Intellectual Property Law under the US jurisdiction. The focus of this paper are the issues such as: what is a performer, who owns the copyright of the work, credit and pre-existing work...
Persistent link: https://www.econbiz.de/10014109291
The CJEU published its much-awaited preliminary ruling in Case C-263/18 - Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. Our paper aims to introduce the Tom Kabinet ruling and discuss its direct and indirect consequences in copyright law. The...
Persistent link: https://www.econbiz.de/10013305734
The law of trusts has spent the last twenty years rapidly shedding many traditional requirements, forms and restrictions which imposed liability on negligent trustees, protected vulnerable beneficiaries and prevented the use of trusts to avoid the claims of settlors' and beneficiaries'...
Persistent link: https://www.econbiz.de/10012973191
This chapter explains the development during the nineteenth century of the legal structures behind the international monetary union between the United Kingdom, Australia and New Zealand. It thus illustrates the operation of one part of the international gold standard in regulating currency...
Persistent link: https://www.econbiz.de/10013040048
The new Czech Civil Code includes a trust that was inspired in part by the trust of Quebec law. In this paper, I aim to provide a comparative overview of the duties of trustees, looking at their conceptual organization and their strictness, as well as the extent to which such duties are...
Persistent link: https://www.econbiz.de/10014127276
In theory, exit from Brexit will free the United Kingdom from the constraints and burdens of EU membership. It will transfer sovereignty back to the people from the technocratic rule of Brussels; replace the jurisprudence of the Court of Justice with the adjudicative power of national courts;...
Persistent link: https://www.econbiz.de/10014120478