Recent Submissions

  • Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004. 

    Todd, Nicholas; Ezeani, Elimma C. (Sweet and Maxwell https://westlaw.co.uk, 2016-12-31)
    TODD, N. and EZEANI, E.C. 2016. Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004. Juridical review [online], 2016(4), pages 315-336. Available from: http://westlaw.co.uk.
    Escalating costs in UK statutory adjudications under the Housing Grants, Construction & Regeneration Act (HGCRA)1996 have restricted the use of the procedure by some of the very parties whose interests the legislation was ...
  • Lessons from the case of Abu Hamza. 

    Arnell, Paul (LexisNexis Butterworth https://www.criminallawandjustice.co.uk/features/Lessons-Case-Abu-Hamza, 2015-09-26)
    ARNELL, P. 2015. Lessons from the case of Abu Hamza. Criminal law and justice weekly [online], 179(35), pages 709-710. Available from: https://www.criminallawandjustice.co.uk/features/Lessons-Case-Abu-Hamza.
    UK national and resident Abu Hamza was sentenced to life imprisonment in early 2015 by Manhattan Federal Court for various terrorist-related offences. His US sentencing hearing was the most recent in a long-running series ...
  • Extradition between friends. 

    Arnell, Paul (LexisNexis Butterworth https://www.criminallawandjustice.co.uk/features/Extradition-Between-Friends, 2014-06-14)
    ARNELL, P. 2014. Extradition between friends. Criminal law and justice weekly [online], 178(24), page 361. Available from: https://www.criminallawandjustice.co.uk/features/Extradition-Between-Friends.
    "With friends like these, who needs enemies" is an epithet that appears to apply to the United Kingdom's extradition partners. Draconian sentencing policies, unjust plea bargaining, unlawful rendition, systemic judicial ...
  • Extradition, the forum bar and transnational drug trafficking. 

    Arnell, Paul (LexisNexis Butterworth https://www.criminallawandjustice.co.uk/features/Extradition-Forum-Bar-and-Transnational-Drug-Trafficking, 2014-10-18)
    ARNELL, P. 2014. Extradition, the forum bar and transnational drug trafficking. Criminal law and justice weekly [online], 178(42), pages 623-624. Available from: https://www.criminallawandjustice.co.uk/features/Extradition-Forum-Bar-and-Transnational-Drug-Trafficking.
    Concerns have been expressed over what are perceived as insufficient safeguards in UK law to protect persons amenable to concurrent criminal jurisdiction. These were particularly forceful where an accused person had material ...
  • The Effect of the Bribery Act 2010. 

    Arnell, Paul; Evans, Nicola (Sweet and Maxwell https://westlaw.co.uk, 2015-06-30)
    ARNELL, P. and EVANS, N. 2015. The Effect of the Bribery Act 2010. Juridical review [online], 2, pages 167-183. Available from: https://westlaw.co.uk
    Analyses six key effects of the Bribery Act 2010, looking at how the practices adopted in Scotland and the rest of the UK differ. Considers: (1) changes to the substantive law; (2) Ministry of Justice guidance and corporate ...
  • Challenges to prosecutorial discretion. 

    Arnell, Paul; Sharp, Laura (Sweet and Maxwell http://westlaw.co.uk, 2016-07-29)
    ARNELL, P. and SHARP, L. 2016. Challenges to prosecutorial discretion. Scots law times [online], 21, pages 113-115. Available from: http://westlaw.co.uk.
    Considers challenges to prosecutorial discretion in light of the ECtHR decision in Da Silva v United Kingdom (5878/08) on whether UK authorities had failed, under ECHR art.2, to conduct an effective investigation into the ...
  • Recovery of goods by a non-owner. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2016-08-05)
    ANDERSON, C. 2016. Recovery of goods by a non-owner. Scots law times [online], 22, pages 117-121. Available from: http://westlaw.co.uk.
    Considers, with reference to case law, recovery of goods situations which require the person with possession or custody of property to hand it over to non-owners, namely persons with neither a real right in that property ...
  • Compromise agreements and heritable property. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2016-10-28)
    ANDERSON, C. 2016. Compromise agreements and heritable property. Scots law times [online], 32, pages 169-173. Available from: http://westlaw.co.uk.
    Discusses compromise agreements in the context of heritable property transactions. Considers key aspects such as the concept of compromise agreements and whether such agreements concerning heritable property require writing ...
  • Dispensing with the consent of a non-entitled spouse. 

    Anderson, Craig (Sweet and Maxwell http://www.westlaw.co.uk, 2014-09-30)
    ANDERSON, C. 2014. Dispensing with the consent of a non-entitled spouse. Juridical review [online], 3, pages 177-186. Available from: http://www.westlaw.co.uk
    Discusses the right given to a non-owning spouse to occupy the matrimonial home under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and in particular s.7 which allows the court to dispense with the non-owning ...
  • Extinction of leases confusione. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2015-06-30)
    ANDERSON, C. 2015. Extinction of leases confusione. Juridical review [online], 2, pages 185-214. Available from: http://westlaw.co.uk.
    Investigates whether the Scots law doctrine of confusio, which operates to extinguish an obligation, applies where a landlord acquires a tenant's right under a lease, or vice versa. Considers issues raised by the application ...
  • The continuing tension between human rights and extradition. 

    Arnell, Paul (Sweet and Maxwell http://login.westlaw.co.uk, 2016-12-31)
    ARNELL, P. 2016. The continuing tension between human rights and extradidtion. Scots law times [online], 40, pages 211-214. Available from: http://login.westlaw.co.uk
    Examines the High Court of Justiciary ruling in Dean (Zain Taj) v Lord Advocate refusing leave to appeal a High Court decision to allow an appeal by a British national under the Extradition Act 2003 s.103 against the ...
  • The legality and propriety of the trials of Abu Hamza. 

    Arnell, Paul (University of Bergen https://doi.org/10.15845/bjclcj.v4i2.1066, 2016-12-31)
    ARNELL, P. 2016. The legality and propriety of the trials of Abu Hamza. Bergen journal of criminal law and criminal justice [online], 4(2), pages 196-219. Available from: https://doi.org/10.15845/bjclcj.v4i2.1066
    Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the ...
  • Perry Mason days may be on way out. 

    Christie, David S. (JOHNSTON PUBLISHING LTD http://www.scotsman.com/news/david-s-christie-perry-mason-days-may-be-on-way-out-1-4034330, 2016-02-18)
    CHRISTIE, D. 2016. Perry Mason days may be on way out. Scotsman [online], 18th Feb 2016. Available from: http://www.scotsman.com/news/david-s-christie-perry-mason-days-may-be-on-way-out-1-4034330
    In this article the author explains why technology is reducing the reliance on traditional courtroom hearings and keeping records digitally means getting to the truth is easier than in Perry Mason's time.
  • Interplay between contract and public law: implications for major construction contracts and transparency. 

    Mante, Joseph; Ndekugri, Issaka (Sweet and Maxwell, 2017-02-17)
    MANTE, J. and NDEKUGRI, I. [2017]. Interplay between contract and public law: implications for major construction contracts and transparency. Public procurement law review [online], 2, pages 98-114. Available from: https:westlaw.co.uk.
    The relationship between infrastructure project owners and their contractors is generally governed by contract law. However, where the project owner is a State, there are often additional requirements from public law to ...
  • Arbitrability and public policy: an African perspective. 

    Mante, Joseph (OUP https://doi.org/10.1093/arbint/aiw034, 2016-09-09)
    MANTE, J. 2016. Arbitrability and public policy: an African perspective. Arbitration international [online], Advanced Access. Available from: https://doi.org/10.1093/arbint/aiw034
    Growth in international trade has led to considerable expansion of the scope of matters capable of settlement by arbitration. In spite of sustained scholarly activity on arbitrability, the question of what is arbitrable ...
  • The elephant in the dispute resolution room: problems with tthe definition of arbitration in Scots law. 

    Christie, David S. (Sweet and Maxwell http://westlaw.co.uk, 2016-03-31)
    CHRISTIE, D.S. 2016. The elephant in the dispute resolution room: problems with tthe definition of arbitration in Scots law. Juridical review, 1, pages 27-48. Available from: http://westlaw.co.uk
    Considers the implications of the absence of a precise definition of "arbitration" in Scots law, particularly for distinguishing an "expert determination" from a judicial pronouncement. Examines options for resolving the ...
  • Pushing the boundaries: the impact of the changing nature of the professions in construction law. 

    Christie, David S. (Sweet and Maxwell https://westlaw.co.uk, 2016-10-31)
    CHRISTIE, D.S. 2016. Pushing the boundaries: the impact of the changing nature of the professions in construction law. Construction law journal [online], 32(8), pages 849-860. Available from: http://westlaw.co.uk
    The way in which the role of the professions is understood in society is changing. One of the traditional effects of being a profession was that the relevant group was regarded as having a virtual monopoly over the provision ...
  • Effective end-of-life care planning in Scotland: culture and law. 

    Christie, Sarah
    CHRISTIE, S. [2017]. Effective end-of-life care planning in Scotland: culture and law. Journal of medical law and ethics, (accepted).
    In the context of an ageing population, end-of-life care planning is increasingly important. The law in Scotland does not, as yet, take the active and specific steps to help address this that are evident in other jurisdictions. ...
  • Delivery of goods in the custody of a third party: the role of the custodier. 

    Anderson, Craig
    ANDERSON, C. [2016]. Delivery of goods in the custody of a third party: the role of the custodier. Edinburgh law review, (accepted).
    Delivery, formerly a general requirement in the transfer of ownership of corporeal moveables, is nowadays of much more limited application. Since the coming into force of the Sale of Goods Act 1893 (now the Sale of Goods ...
  • The legal and regulatory framework for the EU's shale gas exploration and production regulating public health and environmental impacts. 

    Tawonezvi, Joseph (Springer https://dx.doi.org/10.1007/s40974-016-0044-5, 201-11-01)
    TAWONEZVI, J. 2017. The legal and regulatory framework for the EU's shale gas exploration and production regulating public health and environmental impacts. Energy, ecology and environment [online], 2(1), pages 1-28. Available from: https://dx.doi.org/10.1007/s40974-016-0044-5.
    Shale gas has now become a major competing source of energy in the international energy mix scenario. In the European Union the 'Fracking' which is the technique of extraction shale gas is facing very strong opposition ...

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