Recent Submissions

  • The wheels of justice in extradition. 

    Arnell, Paul (Sweet and Maxwell http://login.westlaw.co.uk, 2017-07-01)
    ARNELL, P. 2017. The wheels of justice in extradition. Scots law times [online], 26, pages 143-146. Available from: http://login.westlaw.co.uk
    Reports on recent extradition cases, namely: Dean (Zain Taj) v Lord Advocate (SC) on whether the extradition of a UK citizen to Taiwan to serve a custodial sentence would give rise to a breach of his rights under ECHR art.3 ...
  • Re-importing the concept of 'authorisation' of copyright infringement to Nigeria from the UK and Australia. 

    Faturoti, Bukola (Taylor and Francis https://doi.org/10.1080/13600869.2017.1275115, 2017-02-22)
    FATUROTI, B. 2017. Re-importing the concept of 'authorisation' of copyright infringement to Nigeria from the UK and Australia. International review of law, computers and technology [online], 31(1), pages 4-25. Available from: https://doi.org/10.1080/13600869.2017.1275115
    The concept of 'authorisation' was one of the innovations under the (Imperial) Copyright Act of 1911. The concept, which has found its way into many common law countries jurisprudence, has been very crucial in imposing ...
  • Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill. 

    Christie, David S.
    CHRISTIE, D. [2017] Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill. Juridical review, (accepted).
    Contracts create binding legal relationships between the parties to that contract. In Scotland and England, those who are not parties to a contract - 'third parties' - only gain rights in restricted circumstances. The ...
  • Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. 

    Stephen, Audrey I.; Sheach Leith, Valerie; Macduff, Colin; Christie, Sarah (Taylor and Francis https://doi.org/10.1080/02682621.2015.1108547, 2016-01-06)
    STEPHEN, A., SHEACH LEITH, V., MACDUFF, C. and CHRISTIE, S. 2015. Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. Bereavement care [online], 34(3), pages 103-109. Available from: https://doi.org/10.1080/02682621.2015.1108547
    When a family is grieving the loss of a member the consideration of post mortem is an additional concern. This study set out to explore how relatives are supported to give authorisation and throughout the post mortem ...
  • The new crimes of bribery in Scotland. 

    Arnell, Paul (SCOTTISH LAW AGENTS SOCIETY, 2010-06-30)
    ARNELL, P. 2010. The new crimes of bribery in Scotland. Scottish law gazette, 78(2), pages 42-45.
    Introduction The Bribery Act 2010, enacted in the wash-up prior to the dissolution of Parliament, will completely change in the Scots law ...
  • Whistle-blowing and the equality dimension of victimisation in the workplace. 

    Middlemiss, Sam (SAGE https://doi.org/10.1177/1358229117712586, 2017-06-16)
    MIDDLEMISS, S. 2017. Whistle-blowing and the equality dimension of victimisation in the workplace. International journal of discrimination and the law [online], 17(2), pages 137-156. Available from: https://doi.org/10.1177/1358229117712586
    A considerable amount of attention has been given to the general law of victimisation under the Equality Act 2010 but scant consideration has been given to the equality aspect of victimisation relating to whistle-blowing ...
  • Cicero's law: rethinking roman law of the late republic. 

    Anderson, Craig (Edinburgh University Press https://doi.org/10.3366/elr.2017.0428, 2017-05-01)
    ANDERSON, C. 2017. Cicero's law: rethinking Roman law of the late republic. Edinburgh law review [online], 21(2), pages 308-310. Available from: https://doi.org/10.3366/elr.2017.0428
    Book review of Du Plessi, P (ed) Cicero's law: rethinking Roman law of the late republic. Edinburgh: Edinburgh University Press. ISBN 978147448820.
  • How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? 

    Christie, David S. (Informa Business Intelligence https://www.i-law.com/ilaw/doc/view.htm?id=376379, 2017-06-30)
    CHRISTIE, D. 2017. How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? International construction law review [online], 34(2), pages 93-112. Available from: https://www.i-law.com
    The NEC 3 standard form of construction contract aims to promote collaboration. It hinges on the use of a particular phrase 'mutual trust and understanding' which is largely undefined. Linking that to notions of good faith ...
  • Arbitrability in the context of Ghana's new arbitration law. 

    Mante, Joseph; Ndekugri, Issaka (Sweet and Maxwell http://westlaw.co.uk, 2012-04-30)
    MANTE, J. and NDEKUGRI, I. 2012. Arbitrability in the context of Ghana's new arbitration law. International arbitration law review [online], 15(2), pages 31-41. Available from: https://westlaw.co.uk
    Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of "arbitrability" under international law, the relevant trends emerging from case law, and ...
  • Local content and the Marginal Fields Programme: challenges for indigenous participation in the Nigerian oil industry. 

    Ezeani, Elimma C.; Nwuke, Chinwe (OGEL https://www.ogel.org/article.asp?key=3671, 2017-01-31)
    EZEANI, E.C. and NWUKE, C. 2017. Local content and the marginal fields programme: challenges for indigenous participation in the Nigerian oil industry. Oil, gas and energy law intelligence [online], 15(1), pages 1-20. Available from: www.ogel.org/articles.asp?key=3671
    The upstream oil sector in Nigeria since the discovery of oil in the 1950s has been dominated by international oil companies. To revise this situation and learning from the experience of countries with strong representation ...
  • Human trafficking in Scotland: the legislative response. 

    Arnell, Paul; Ogilvie, Tracy (Scottish Legal Action Group http://www.scolag.org/system/files/2013_SCOLAG_164-165.pdf, 2013-07-31)
    ARNELL, P. and OGILVIE, T. 2013. Human trafficking in Scotland: the legislative response. SCOLAG legal journal [online], 430, pages 164-165. Available from: http://www.scolag.org/system/files/2013_SCOLAG_164-165.pdf.
    Human trafficking in Scotland has entered the realms of political rhetoric, governmental consciousness and academic debate. Following a summit on human trafficking in October 2012 in Edinburgh Justice Minister Kenny MacAskill ...
  • The international co-operation unit of the COPFS. 

    Arnell, Paul (Scottish Legal Action Group http://www.scolag.org/journal/issue-439-may-2014-scolag-93-116, 2014-05-31)
    ARNELL, P. 2014. The international co-operation unit of the COPFS. SCOLAG journal [online], 439, pages 96-97. Available from: http://www.scolag.org/journal/issue-439-may-2014-scolag-93-116.
    In March 2014 the Inspectorate of Prosecution in Scotland (IPS) published its Thematic Report on the International Co-operation Unit (ICU) of the Crown Office and Procurator Fiscal Service (COPFS). The report is notable ...
  • 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 ...

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