English Law Research Articles

Incorporating digital multimodal composition in content teaching: A multimodal analysis of students’ legal popularization videos

Digital multimodal composition (DMC), which involves the use of multiple semiotic resources, has been extensively researched in language education. However, limited research has been conducted on the integration of DMC in content-based instruction. This study aims to fill this research gap by examining the use of DMC in an introductory legal studies course and discussing its potential benefits for content teaching. Five student-generated legal popularization videos, which explain concepts in English company law, were collected. Drawing upon Hafner’s (2015) framework for remix practices in multimodal composition, these videos were analyzed using a software-assisted systemic functional approach to multimodal discourse analysis. This approach is based on the principles that multimodal semiotic resources are combined to create intended meanings and that the choice of resources is socially negotiated. Findings from the multimodal discourse analysis of the DMC product were triangulated with students’ reflective essays to understand the motivations behind their semiotic choices. The analysis reveals that students consciously appropriate various generic, (sub)cultural, and semiotic resources as well as multimodal artefacts when explaining legal knowledge to an indefinite audience. The videos demonstrate that DMC allows learners to critically reconsider the meaning and practical aspects of legal concepts while recontextualizing technical legal knowledge for a general audience.

Defects of English Rules of Contractual Interpretation and Their Challenges for African Businesses

Abstract The Law Society of England and Wales, as well as English politicians and judges, claim that English (contract) law is admirable, settled and predictable, and non-English legal systems are “laxer systems” whose judges are not as exceptionally knowledgeable as English judges. These claims of legal superiority attract foreign litigants such as African businesspeople to use English laws and forums to resolve their contractual disputes. This article aims to disprove these claims by rigorously assessing them from an Afrocentric lens, as well as from the prediction theory of law, English case law, and rules of contractual interpretation. It finds that English contract law and dispute resolution mechanisms are far from predictable and settled. Also, there is a staggering level of disagreement among English judges regarding their interpretation of commercial contracts. The article exposes the defects of English contract laws to enable foreign businesses to make informed decisions about their choice of laws and forums to resolve their contractual disputes.

A call for clarity in contractual accessions to shareholder and partnership agreements

Abstract This paper explores understudied issues surrounding accessions to shareholder and partnership agreements: the process by which such accessions take effect; the survival of equities following an accession; and the enforcement of a condition for incoming shareholders to have to execute and deliver a deed of accession. Accessions happen extremely often in modern commercial life, which renders surprising the dearth of academic and judicial discussion, but more disconcerting is the unsettledness of some of the complex issues implicated. The repurposing of unilateral contracts to explain how deeds of accession operate is not fully tested in English law; the conception of partial novation as adumbrated in Unitech Global Ltd v Deutsche Bank AG, which is not even law – much less bad law – has already generated academic controversy; and the enforcement of a condition precedent, in the form of prior accession to a shareholder agreement, for registration of membership in a company interacts in an uncertain way with the Companies Act 2006, lending impetus to the adoption of new methods for attaining relief.

Local Governance and School-based Approaches to English Language Acquisition: A Comparative Analysis

In order to improve the effectiveness of English acquisition, it is necessary to discuss it in conjunction with local governance policies. Local governments should conduct an analysis of English acquisition from the aspects of policies, systems, and social participation. This paper puts forward three hypotheses: local policies and systems can improve the effectiveness of English learning, which are related. Public attention can promote the improvement of English acquisition effect and play a supervisory role; Laws and regulations can ensure the foundation of basic conditions for English acquisition and promote the improvement of school infrastructure. The results show that local policies and institutions are the conditions for improving English acquisition methods, social attention is the condition for verification, and school infrastructure is the key condition. Social issues, local policies and institutions all play an indirect role in promoting English language acquisition, while infrastructure plays a direct role. Therefore, local governments should improve English acquisition policies and systems, promote the introduction of English acquisition laws and regulations, and guide the public to supervise.

The repeal of Australia’s problematic family law presumption (and other amendments): cautiously welcomed – but what has been lost?

ABSTRACT Felicity Kaganas was intrigued by the legal concept of presumptions. She explored the presumption in the family law of England and Wales before and after its introduction in 2014. The presumption which began operating in the Australian Family Law Act 1975 (FLA) in 2006 stated that ‘equal shared parental responsibility’ (‘joint legal custody’ or guardianship) is in the best interests of children and created a legislative link between the making of such an order to shared parenting time orders. Many subsequent reviews of the FLA recommended amending the presumption, if not repealing it, but no changes were made. Meantime in England and Wales a less intrusive presumption was introduced, together with a Practice Direction intended to limit its over-use. Then in 2023 major changes to the FLA in Australia were introduced, including repealing the presumption. They became operative in May 2024. This article explores their potential to better protect parents and children who have experienced family violence. It also examines the potential consequences of the repeal of sections that provided guideposts when making shared care orders and others that rendered the past caring for children relevant. These losses could be detrimental to mothers and children who have lived with domestic and family violence or abuse.

Arrest practice and habeas corpus principle

The legal history of habeas corpus goes back to the period of the 'Golden Bull' issued by King Andrew II of Hungary. In the development of English law, the Magna Carta Libertatum marked the emergence of the principle before that. The essence of the principle is that deprivation of liberty may be pronounced by a person vested with judicial power and that the person concerned must be brought before a judge in order to be heard by the accused before an arrest can be ordered. The judicial order for arrest is also provided for in the Fundamental Law of Hungary. The principle raises a number of questions of law enforcement in domestic court practice, but also in the context of EU cooperation.

Reforming Post-Arrest Bail in Pakistan: Lessons from a Comparative Study with India

This research paper presents a comparative analysis of the legal frameworks governing post-arrest bail in India and Pakistan, with a focus on the statutory provisions, judicial interpretations, and procedural safeguards that are involved. Although both states share a common legal heritage which is rooted in British colonial law, however, they have diverged in their approaches to bail, which are influenced by their respective constitutional mandates, legislative developments, and sociopolitical landscapes. This comparison is essential in order to understand how these legal systems are balancing individual rights with societal security and how judicial discretion are shaping bail in each country. For this purpose, this paper examines constitutional provisions besides main statutory provisions of the Indian and Pakistani criminal procedural laws, the role of judicial discretion and evolving jurisprudence of the post-arrest bail. This study offers insights into potential legal reforms, with an aim to enhance fairness and consistency in bail practices, through juxtaposing these principles in India and Pakistan. This study concludes that Pakistan should consider restructuring its bail procedural laws and system, and it suggests reforms taking into account the benefits of India’s progressive legal framework, to ensure consistency, fairness, and the protection of individual rights. This research also recommends future studies on balancing bail and incarceration, through focusing on judicial discretion and the application of the principle of proportionality.

Thirty-five years of feminism and family law in the legal academy

ABSTRACT This chapter is in two parts, each of which reflects upon the developments and current state of family law scholarship and feminist teaching in universities in England and Wales. Piper focuses on the enormous body of research and writing that Felicity Kaganas achieved in over 35 years of research in family law. It outlines the publications that she and Kaganas wrote together and highlights Kaganas’ other significant work. It reflects upon the impact of this work for students, academic colleagues and policy-makers and concludes that many of the same issues Kaganas addressed over the years remain current. Auchmuty, on the other hand, reflects upon 35 years of feminism in the classroom. Both Auchmuty and Kaganas started teaching in English law schools in the 1980s when the job was very different. Since that time, law teaching has become an increasingly feminised profession, with feminist teachers occupying some of the highest positions, and feminist legal research has flourished. In spite of these two profound shifts, the law degree has remained virtually unchanged, especially in respect of the ‘core curriculum’. These reflections consider why this is so, focusing on mechanisms of patriarchal containment and backlash, and considers what can be done about it.

Towards a Redefinition of Squatter Rights: Adverse Possession in Ghana and the United Kingdom

Abstract A squatter may under certain circumstances extinguish the title of the registered proprietor and obtain good title. Many arguments have been made for and against these extensive rights. The broad consensus appears to be that in relation to registered land, there is less justification for it. The English Land Registration Act 2002 substantially modified the effect of adverse possession on registered land making adverse possession inapplicable to registered lands. Under Ghana’s new land law; Land Act, 2020 (Act 1036), except for public lands, a claim in adverse possession can defeat title to land whether registered or unregistered. This feature of Ghana’s land law appears unsatisfactory in light of the policy justifying land title registration. Using a comparative approach, this work evaluates adverse possession law in Ghana and England within the context of its objectives. The work established that the current regime on adverse possession does not effectively promote the objectives of land registration and requires reform.

Can GPS Monitoring Be Viewed as a Bodyguard, Rather than a Prison Guard?: The Use of Electronic Monitoring to Reduce the Risk of Cross‐Border Parental Child Abduction

Globally, the number of cases of international parental child abduction has remained consistent in the past decade, despite the array of legal provisions designed to prevent it. The current legal approach is ineffective. Reflecting on the findings of an empirical study on parental abduction from the UK, the article considers a novel solution which aims to protect children at risk of abduction through electronic monitoring. The electronic monitoring of children has negative connotations, particularly its use in the criminal justice system. The article considers whether electronic monitoring, in the context of family law proceedings, could serve a protective rather than a punitive purpose. Such an approach requires a conceptual shift, to view electronic monitoring as a bodyguard for the privileged few, rather than as a prison guard. The article reflects on the use of electronic monitoring in parental abduction cases by the Family Courts and examines the proposal drawing on the rights found in the European Convention on Human Rights and the UN Convention on the Rights of the Child. A rights‐based analysis, as opposed to one constructed solely on the child's best interests in English family law, enables its application in other legal jurisdictions and protective contexts.

Attitudes towards the regulation and provision of abortion among healthcare professionals in Britain: cross-sectional survey data from the SACHA Study.

To gather views of healthcare professionals on the regulation and provision of abortion in Britain. Cross-sectional, stratified cluster sample survey of healthcare professionals working in a range of healthcare services including abortion services. Measures included knowledge of and attitudes towards the regulation and provision of abortion. A total of 771 healthcare professionals responded. More than nine in ten supported abortion being a woman's choice and a clear majority favoured abortion being treated as a health rather than a legal issue. Some 6.2% saw abortion at any gestational age as contrary to personal beliefs and a similarly small minority (6.7%) opposed abortion after 12 weeks' gestation. One in five of all healthcare professionals and a third of those aged under 30 years were unaware that the law in Britain requires two doctors to authorise an abortion. Free-text comments revealed opposition to the need for this legal requirement. Support for an extended role for nurses in abortion care was high; 65.3% agreed that nurses should be able to prescribe abortion medication. Little more than a third of all healthcare professionals (37.0%) agreed that abortion should be standard practice in their service; the proportion was highest among those in sexual and reproductive health services (58.4%) and lowest among those in general practice (18.7%). Healthcare professionals in Britain were generally supportive of abortion being treated in the same way as other health issues and would be likely to support any moves to decriminalise abortion.

Confirmation Notes in the English Common Law

Confirmation Notes in the English Common Law

An Analysis of “Dissolution of the Company for Just Causes Claim” and “Liability Claim” as Legal Remedies of Minority Shareholders in Turkey and the Way Forward with Recommendations from English Law

This article aims to present appropriate and applicable recommendations from English law for improvements regarding two essential provisions in Turkey: “dissolution of the company for just causes claim (Article 531 of Turkish Commercial Code(TCC))” and “liability claim (Articles 553 and 555 of TCC)”. This paper will compare the two jurisdictions’ situations, taking into account the impact of similar remedies for minority shareholders, namely unfair prejudice petition, winding up on just and equitable grounds, and derivative action in the UK and dissolution of the company for just causes and liability claim in Turkey. The analyses related to Article 531 will be presented first. Although the right in Article 531 provides the minority shareholders with substantial protection in companies, the fact that this right may result in the dissolution of the company and contains some uncertainties that make it difficult to achieve its purpose in practice. This article will first look at the shareholding ratio requested in the application to Article 531 and the difficulties that arise from it. After examination of the ongoing uncertainties and challenges regarding Article 531 proceedings, this article will offer a potential reform of Article 531 based on English law to make this lawsuit more protective for both shareholders and the company. Secondly, the liability claim against directors regulated under Articles 553 and 555 will be introduced and compared with the derivative action under UK Companies Act 2006. This paper also offers suggestions for overcoming the obstacles associated with “liability claim” in Turkey.

Director’s Fiduciary Duties and the future Corporate Sustainability Due Diligence Directive in the Wake of English Case Law

Climate litigation is on the rise and may raise legitimate questions. As the same issues apply in France and the United Kingdom, a highly instructive English decision provides an opportunity to present the state of play and possible improvements to French law during this period of European normative effervescence marked by constant changes, particularly for stakeholders. In such a context, a French-style Business Judgment Rule would be welcome, with commendable signals recently emerging from the OECD Guidelines on Responsible Conduct for Multinational Enterprise; in such a context, NGO shareholders can play a valuable role as “Big Sisters” if they act in the interests of society as a whole, for the benefit of all its members.

Towards a Formalistic Approach of Good Faith in Comparative Contract Law

While good faith in contract law is accepted in Civil Law jurisdictions, is rejected, or used with caution in Common Law ones. Although widely welcomed, good faith does not have a unitary concept and, consequently, has different manifestations and functions. This can be noticed in the black letter of Civil Codes. The French Civil Code of 1804 was taken as a reference in Europe and Latin America to regulate good faith, and as a result, a strong civilian model of good faith exists in those jurisdictions to interpret, supplement, and correct the contract. Except in Peru, according to its Civil Code, which adopted a restricted model of good faith closer to English law, where a formalistic and objective approach still persists. This finding is taken as an excuse to review Civil Codes and to look towards an alternative model for comparative contract law to avoid the known abuses of good faith.

Artificial Intelligence for Clinical Decision-Making: Gross Negligence Manslaughter and Corporate Manslaughter.

This paper discusses the risk of gross negligence manslaughter (GNM) and corporate manslaughter charges (CM) when clinicians use an artificially intelligent system's (AIS's) outputs in their practice. I identify the elements of these offenses within the context of the law of England and Wales and explore how they could be applied in a potential scenario where a patient's death has followed AIS use by a clinician. The risk of a conviction due to making an AIS-augmented workplace mistake highlights the non-trivial nature of AIS adoption in healthcare, and that the consequences of its use must be considered by all interested parties prior to AIS adoption.

Parenthood and parental responsibility: legal messaging and the power of law

ABSTRACT In this paper I will engage with a position Felicity Kaganas has often elaborated upon, and with which I agree, namely, that lawmakers often mistake law’s messaging for law’s power. In doing so I will focus on the law’s management of parental status and the performance of parental responsibility. I will argue that English law’s disaggregation of parental status and parental function should have enabled law to distance itself from involvement-by-presumption in the particularities of the disputes between parents and other carers about children, and enabled it to perform a better, more situation-sensitive role in the management of those disputes. It should have allowed for a more pragmatic, less ideological and generalised, decision-making process for particular disputes, and paid better attention to the actual children at the heart of those disputes. I argue that, given the limits of the power of law in resolving family disputes (which I also elaborate in the paper), law has a limited role in these situations. There are other orders of power – beyond law – which affect the way in which legal power works and may misdirect (or, at least, redirect) its ambitions.

A Tale of Too Many Doctrines: Supervening Impossibility and the Sale of Goods

Contracts for the sale of goods contain three default rules addressing the problem of supervening impossibility: sections 7 and 20 of the Sale of Goods Act 1979 and the doctrine of frustration. This article uses a legal historical method to examine why this is the case and what the relationship between these rules is. It contends that the current approach is the accidental result of a series of historical contingencies and argues that it is unsatisfactory for several reasons. It then offers suggestions as to how the law might be rationalised. On a broader level, the inquiry provides a lens through which the wider history of supervening impossibility in English contract law can be explored. The article argues that our current conceptualisation of the law prior to 1863 is fundamentally flawed, and that this inhibits our understanding of how the earlier law both shaped and confused the development of a more general doctrine of supervening impossibility.

The Impact of Brexit on the British Constitutional Law

Brexit as a hybrid phenomenon, that is, both legal and political, is the next stage in the debate on the place and role of the European Union (EU). The analysis of the impact of EU legislation on the shape of British constitutional law requires establishing the admissibility of reversing existing constitutional modifications. The author will argue that the age of globalisation and establishing legal network links, the participation of states in supernational organisations can result in irreversible modifications of the scope and meaning of constitutional law. In a simplified way, individual legal systems in a legal pluralism are “open”. The changes taking place are irreversible because they concern the foundation of competences as well as the system position of individual national authorities.

Policies, Places and Practices: Why Environmental Law Scholars Should Care About the Levelling-Up and Regeneration Act 2023

Abstract The Levelling-Up and Regeneration Act 2023 has marked major reforms in how planning law legally conceptualises policies, places and practices. These reforms have an impact not only on the scope of planning law but also on the shape of environmental law in England and Wales. In particular, the Levelling-Up and Regeneration Act 2023 changes how different forms of national and local policy legally interact, creates new administrative regulation for protected landscapes and establishes a new framework for environmental impact assessment called the Environmental Outcome Reports. This introduction to the legislation illustrates the importance of understanding the planning law reform for environmental law scholarship more generally.