Discuss this statement. Introduction This essay discusses the developments in the law concerning the creation of a valid trust over the past half a century. The essay seeks to identify how the law of equity has become more flexible in relation to establishing a valid trust over the years. Traditionally, the case law in this[…]
What are the benefits & drawbacks of Police Led Prosecutions, including the Single Justice Process? BENEFITS OF POLICE LED PROSECUTIONS Police-led prosecutions will be beneficial regarding many minor offences for a number of different reasons that are set out below – Where a guilty plea is made since the Crown Prosecution Service (hereafter, the CPS)[…]
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Title: Online Commercial Arbitration in the United Kingdom: Prospects and Challenges based on recent developments after the introduction of the New ODR Platform 1.1 Introduction (This chapter will be expanded further in second half of the Paper) ODR, or Online Dispute Resolution, is essentially a set of techniques, which are used in the resolution of[…]
Recent developments in the discussion between Russia and the Energy Charter Secretariat indicate that there is a growing consensus that the market is not sufficient to ensure energy security. Discuss Introduction Since the Cold War, the relationship between the EU and Russia with regards to energy has been beset by insecurity and has evolved into[…]
The landmark case of Salomon v A. Salomon and Company [1897] A.C. 22 saw the House of Lords firmly uphold the principle of separate corporate personality which has been the starting point for any discussion on the topic ever since. Mr Salomon controlled a boot-making business as a sole trader. He incorporated a company called[…]
Dear Mr Mark Menzies, I am writing to ask you to encourage and support attempts to increase the age of criminality in the UK to twelve years in accordance with the Barnardo’s campaign. As an undergraduate psychology student with an interest in the wellbeing of people and society, I believe that introducing children to the[…]
The major contribution of this paper lies in the use of regret theory to analyse the optimal asset allocation of a pension fund that maximises the expected modified utility of its final wealth. Unlike the standard expected utility framework in which a pension fund manager independently considers only the investment choice that he makes and[…]
The object of this essay question is whether there is a conflict between the statements of Roche J. in Portsmouth Steamship v Liverpool & Glasgow Salvage[1]_ and The Hill Harmony[2]. To start with, both statements were made in the same field of application − that is to say, the duties of the Master to comply[…]
A survey of 1,000 professionals conducted by the Harvard Business School revealed that 94 per cent of them worked at least 50 hours a week, while almost half worked for more than 65 hours.[1] It was believed that the advent of modern technology would reduce the number of working hours, but the evidence points to[…]
Introduction The Maize Seeds doctrine was developed from the decision of the Court of Justice of the European Union (‘CJEU’) in the case of Nungesser KG v Commission of the European Communities[1] (hereafter, Maize Seeds case). It addressed the issues of exclusive licenses and territorial protection grants to licensees. The doctrine distinguished between open exclusive[…]
SECTION I: INTRODUCTION Disputing international companies who would like to settle the matter privately often prefer the option of arbitration. An arbitration clause in the contract, included as a pre-enforceable clause, enables the solving of a contractual issue when a dispute arises.[1] Alternatively, arbitration is the agreed method when the dispute arises. The privacy of[…]
Historical government apathy toward the world of sport and the way sports governing bodies have historically developed, i.e., independent and self-governing, means that neither their decisions nor the procedures employed in arriving at them are amenable to Judicial Review. Discuss the extent to which the above statement is true in the light of current law.[…]
Discuss the view that the corporate governance systems worldwide are inevitably converging towards a model based on shareholder primacy and dispersed ownership. The past decade has seen a rapid development in corporate governance systems worldwide. The result of disastrous corporate scandals has been hitting effective corporate governance systems worldwide, from Anglo-Saxon countries like USA and[…]
Shareholder Class Rights The Companies Act 2006[1] (CA 2006) replaced Companies Act 1985[2] and it provides a significant amount of protection for shareholders. The main features of a share include a right to dividends which are declared on the shares, a right to vote at general meetings (unless the share is non-voting), rights of membership[…]
New patterns of flexible non-standard working characterised by a trinity of ‘casualisation, externalisation and informalisation1’ have superseded the 1950s-1980s’ Fordist notion of the ‘standard employee2’ which was ‘the conceptual foundation on which post-war risk sharing institutions and social insurance were built.’3 It is clear that with the rise in atypical forms of working – and[…]
The European Convention on Human Rights was put in place by the Council of Europe as a way of ensuring respect for personal autonomy, the inherent dignity of persons and the equality of all men and women. It offers a judicial approach to the protection of the fundamental rights and freedoms it concerns. For the[…]
The United States and all other nations have their own systems of enacting laws for governing. However, there are numerous categories of laws and different laws are enacted for different purposes. Two types are public laws and private laws. This paper addresses the similarities and differences between these types of laws and their advantages and[…]
INTRODUCTION It would perhaps not be an exaggeration were one to say that the ever-increasing urgency to strike that elusive balance between promoting global economic development on the one hand, and simultaneously preserve the fast eroding biological and cultural diversity of the planet on the other, is probably one of the trickiest questions of our[…]
Introduction This section will track the development of the right to life contained in Article 2 of the European Convention on Human Rights (ECHR). It will analyse the way in which the jurisprudence of the European Commission on Human Rights (the Commission) and the European Court of Human Rights (ECtHR) have sought to develop the[…]
QUESTION “The purely procedural and narrow view of Environmental Impact Assessment…represents a simplistic view of the instrument that has to some extent been overtaken by a recognition of its broader functions, particularly those which reflect environmental governance strategies of participation and social learning” (Holder). Discuss, including in your discussion an appraisal of the extent to[…]
An enduring link exists in the public mind between dangerousness and mental disorder (Link et al 1999a: 316). ‘Mental disorder’ is defined in the Mental Health Act 1983 (amended by the Mental Health Act 2007) (Jones 2009:307) under section 1 as “any disorder or any disability of the mind”. ‘Mental illness’ encompasses diagnoses of ‘psychoses,[…]
ABSTRACT Internet defamation litigation differs from traditional libel litigation as unique challenges such as jurisdiction issues, anonymity of the author responsible for the defamation and the cost of successfully tracking down the defendant, face a claimant seeking a remedy for destroyed goodwill of a business or damage to reputation1. This work provides a guide for[…]
Question “Domestic competition rules and EU state aid rules are an attempt to ensure anti-competitive activities are punitively sanctioned. However, during the current financial crisis, States have sought to put rules governing competition to one side to protect the national interest. Discuss in light of the nationalisation of Northern Rock and Bradford & Bingley, and[…]