Recent Submissions

  • Extradition and the Polish judiciary. 

    Arnell, Paul (Sweet and Maxwell http://westlaw.co.uk, 2019-06-07)
    ARNELL, P. 2019. Extradition and the Polish judiciary. Scots law times [online], 18, pages 53-55. Available from: http://westlaw.co.uk
    This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, ...
  • Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. 

    Broadbent, Ian D.; Nixon, Caroline (Elsevier https://doi.org/10.1016/j.marpol.2019.103529, 2019-06-04)
    BROADBENT, I.D. and NIXON, C.L.B. 2019. Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. Marine policy [online], In Press. Available from: https://doi.org/10.1016/j.marpol.2019.103529
    The Docking Shoal project was developed by Centrica as part of The Crown Estate’s Round 2 of UK offshore wind licensing. After 8 years of development, the project was ultimately refused planning consent by the Secretary ...
  • Pay now, argue later... 

    Christie, David S. (https://www.academia.edu/37734690/Grove_v_S_and_T_2018_Court_of_Appeal_-_my_thoughts.pdf, 2018-12-08)
    CHRISTIE, D. 2018. Pay now, argue later... [online]. Available from: https://www.academia.edu/37734690/Grove_v_S_and_T_2018_Court_of_Appeal_-_my_thoughts.pdf
    This is a note on the author's thoughts on the decision of the Court of Appeal on the case of Grove v S&T relating to the interaction of the adjudiction and payment provisions of the Housing Grants, Construction and ...
  • Impacts of cultural differences on international arbitration based on the example of Iran. 

    Howard, Mary (Robert Gordon University Law School, 2018-12-31)
    HOWARD, M. 2018. Impacts of cultural differences on international arbitration based on the example of Iran. Robert Gordon University, PhD thesis.
    This research aims to ascertain whether and to what extent cultural issues impact the accessibility and effectiveness of international arbitration, and to provide recommendations which will contribute to the improvement ...
  • Extradition and mental health in UK law. 

    Arnell, Paul (Springer https://doi.org/10.1007/s10609-019-09369-7, 2019-04-12)
    ARNELL, P. 2019. Extradition and mental health in UK law. Criminal law forum [online], Latest Articles. Available from: https://doi.org/10.1007/s10609-019-09369-7
    The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. The issues raised are not consistently addressed. The reasons for ...
  • Scots law as a civilian system: a response. 

    Brown, Jonathan (Scottish Law Agents Society, 2019-01-31)
    BROWN, J. 2019. Scots law as a civilian system: a response. Scottish law gazette, 86(4), pages 59-61.
    This article responds to Lord Gill's speech given to the Judicial Institute on 14 July 2016, concerning the Roman law origins of the Scottish legal system, discussing how this tradition means that the Scottish system is a ...
  • Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. 

    Ross, Hamish
    ROSS, H. [2019]. Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. International journal of children's rights [online], (accepted).
    This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as ...
  • Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? 

    Downie, Margaret (Sage https://doi.org/10.1177/1358229118817163, 2019-01-08)
    DOWNIE, M. 2019. Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? International journal of decrimination and the law [online], Online First. Available from: https://doi.org/10.1177/1358229118817163
    UK law treats equal pay claims based on gender (brought under the equal pay provisions of Part 5 Chapter 3 of the Equality Act 2010) differently from equal pay claims based on other protected characteristics of age, ...
  • 'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry. 

    Christie, David S.
    CHRISTIE, D. [2018]. 'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], (accepted).
    The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must ...
  • Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? 

    Faturoti, Bukola; Agbaitoro, Godswill; Onya, Obinna
    FATUROTI, B., AGBAITORO, G. and ONYA, O. [2018]. Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? African journal of international and comparative law [online], (accepted).
    The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made an historic deviation from the usual trend of seeking for monetary compensation by host communities in oil rich regions in Nigeria. ...
  • Just fatherlands? Judging the Shoah in Strasbourg. 

    Lyons, Carole (Hart https://www.bloomsburyprofessional.com/uk/europes-justice-deficit-9781782254836/, 2015-03-26)
    LYONS, C. 2015. Just fatherlands? Judging the Shoah in Strasbourg. In Kochenov,D., de Búrca, G. and Williams, A. (eds.) Europe's justice deficit? Oxford: Hart, pages 381-399. Available from: https://www.bloomsburyprofessional.com/uk/europes-justice-deficit-9781782254836/
    The primary preoccupation of this chapter is an examination of how Europe's highest human rights court works through the enduring effects of the 'moral catastrophe' of the Holocaust. The issue of the role of past inhumanity ...
  • Brexit and the implications for Scotland: a way forward? 

    Lewis, Olayinka (SLS (ORGANISERS), 2017-09-05)
    LEWIS, O. 2017. Brexit and the implications for Scotland: a way forward? Presented at the 108th Society of Legal Scholars annual conference (SLS 2017): the diverse unities of law, 5-8 September 2017, Dublin, Ireland.
    This paper looks at the migration implications of Brexit for Scotland. It will seek to address the migration issues in Scotland and proffer options on a way forward for Scotland and the United Kingdom. The paper will examine ...
  • Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. 

    Christie, Sarah
    CHRISTIE, S. [2018]. Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. Journal of medical law and ethics [online], (accepted).
    This paper considers the interpretation of section 25(2)(c) of the Mental Capacity Act 2005, on the relevance of subsequent inconsistent behaviour by the maker of an advance decision. Consideration of the very few cases, ...
  • O Tempora! O Mores! The place of boni mores in dignity discourse. 

    Brown, Jonathan
    BROWN, J. [2018]. O Tempora! O Mores! The place of boni mores in dignity discourse. Cambridge quarterly of healthcare ethics [online], (accepted).
    In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in ...
  • Jus quaesitum tertio: a res, not a right? 

    Brown, Jonathan
    BROWN, J. [2018]. Jus quaesitum tertio: a res, not a right? Juridical review, (accepted).
    Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main ...
  • What an extradition hearing is and why it matters. 

    Arnell, Paul (Sweet and Maxwell http://www.westlaw.co.uk, 2018-12-31)
    ARNELL, P. 2018. What an extradition hearing is and why it matters. Juridical review [online], 4, pages 250-268. Available from: http://westlaw.co.uk
    Extradition is important. It serves vital purposes. The centrepiece of UK extradition is the hearing. It plays the operative role in the rendition of accused and convicted persons from the UK to third states. In light of ...
  • The European Union migration crisis. 

    Borg Barthet, Justin; Lyons, Carole (Edinburgh University Press https://dx.doi.org/10.3366/elr.2016.0346, 2016-04-30)
    BORG-BARTHET, J. and LYONS, C. 2016. The European Union migration crisis. Edinburgh Law Review [online], 20(2), pages 230-235. Available from: https://dx.doi.org/10.3366/elr.2016.0346
    On 9 September 2010 the body of a man who had fallen from a British Airways flight to Heathrow was discovered in a wealthy west-London suburb. It is hard to pinpoint any one precise origin of the migration crisis currently ...
  • Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. 

    Ross, Hamish
    ROSS, H. [2018]. Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. International journal of children's rights [online], (accepted).
    This article examines the appropriateness of applying civil limitation and related laws to adult claims in historical child abuse cases, focusing on moral and policy issues attending the use of such laws highlighted in a ...
  • Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? 

    Brown, Jonathan
    BROWN, J. [2018]. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], (accepted).
    The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a ...
  • Bad weather absences and employer liability. 

    Middlemiss, Sam (Sweet and Maxwell http://westlaw.co.uk, 2018-06-01)
    MIDDLEMISS, S. 2018. Bad weather absences and employer liability. Scots law times [online], 17, pages 69-71. Available from: http://westlaw.co.uk
    Discusses the liability of employers for disciplinary action taken against employees following absences relating to bad weathers, notably pursuant to government or police advice, or because attending the workplace is not ...

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