English Law Research Articles

ЕВОЛЮЦІЯ ПАРАДИГМИ КОРПОРАТИВНОЇ СОЦІАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ

The processes of globalization motivate Ukraine, despite the military actions, to transition to sustainable economic development. The European integration ambitions of our country require the implementation of modern interaction practices between state and business, as well as between business and society, which would strengthen the mutual responsibility of all participants in business processes and public life, considering the environmental impact. Today, the concept of ‘corporate social responsibility’ (CSR) in its various meanings, dimensions and aspects has become widespread in the global community. Along with the CSR concept, other concepts and approaches have also been developed, sometimes moving in parallel, complementing or stemming from each other, such as sustainable development, circular economy, industry 5.0, compliance, and the concept of environmental, social, and governance (ESG). To better understand the modern expressions and forms of practical reflection of the CSR concept in economic processes, it is necessary to analyze its genesis and evolution. After all, different time periods and realities had their impact on the formation and modification of the essence and objectives of this concept, as well as its transformation from customs and rules of behaviour in society to a formalized, clearly structured, concept and philosophy of doing business. This research is aimed to analyze the evolution of the concept of corporate social responsibility, its adaptation to a changing external environment and to the challenges of a particular historical period. A special focus is also made on the phrasing of the definition of corporate social responsibility. In the course of the research, the authors used the method of analysis, in particular, such varieties as historical (retrospective) and comparative analysis. The origins of the social component in corporate behaviour are quite deep and can be traced back to ancient Roman law, English law in the Middle Ages, and Christian religious philosophy in the 18th and 19th centuries. In general, it can be stated that the concept of CSR itself emerged in the United States at the end of the XIX century, but due to World War II, it was not of great interest to society until 1950-1960. From ‘business responsibility’ to the complex concept of ‘Corporate Social Responsibility’ (in various relations with many other concepts), as it is understood today, the development of CSR has passed through various time stages. With all the definitions of the CSR concept in mind, as well as related and similar or complementary concepts, it is really difficult to formulate a single, universal and comprehensive definition. In our opinion, CSR can be defined as a philosophy and a comprehensive approach to doing business to make a profit, taking into consideration the interests of all stakeholders (internal and external), with a clear focus on the economic, social and environmental aspects of doing business in the long term perspective and using a system of preventive measures and balances.

Comparison of Criminal Law in the Settlement of Criminal Cases Outside the Court Based on English, Netherlands, and Indonesian Laws

Comparative criminal law is an attempt to compare various legal systems, whether between nations, states or religions. The aim is to find differences and similarities between the systems, by providing research-based explanations of how the law functions and how juridical problems are solved in practice. In addition, non-legal factors that may have an influence will also be examined. A deeper understanding of this can only be gained through the study of legal history, so the science of comparative law requires the analysis of legal history. The benefits of comparative law include a better understanding of legal codification at national, regional and international levels. In addition, it helps in the harmonization of laws between international conventions and national laws. Comparative law is also important for determining general principles of law, especially for judges in international courts. These principles are essential for establishi ng general principles of law which are an important source of international law. The object of legal comparison in this research is the legal system or policy in countries that have more than one legal system, in this case, Indonesia, England and the Netherlands, which is carried out by comparing laws relating to the settlement of criminal cases outside the court

Cardiorespiratory demands of firearms training instruction and 15m shuttle tests in British law enforcement.

Law enforcement agencies require minimum fitness standards to safeguard their officers and training staff. Firearms instructors (FI) are expected to maintain the same standards as their operational counterparts. This study aimed to quantify the daily physiological demands placed on FI. 19 FI (45 ± 5 years) completed occupational tasks whilst wearing heart rate (HR) monitors for a minimum 10 days. Maximal oxygen consumption (VO2max) testing was conducted on FI during a treadmill test (TT) and a multistage shuttle test (ST). Linear regression models were used to model the relationship between VO2 and HR throughout the TT. This model was applied to HR data from occupational tasks to infer oxygen consumption. Repeated Measures ANOVAs were used to compare time spent in VO2max equivalent zones throughout. The VO2max achieved during ST (45.1 ± 5.6 ml/kg/min) was significantly higher than TT (39 ± 3 ml/kg/min) (p = 0.014). Time to exhaustion (TTE) was sooner on ST (06:26 min) compared to TT (13:16 min) (p < .001). FI spent ~85% of occupational time with an oxygen demand ≤20 ml/kg/min (p < .005). The most intense occupational tasks saw FI achieve VO2max ≥30 ml/kg/min, but <40 ml/kg/min. Using ST to assess cardiorespiratory fitness resulted in a quicker TTE and a higher VO2max. Predominantly, FI occupational tasks are low intensity with sporadic exposures requiring a VO2max of >40 ml/kg/min. To safeguard FI from occupational-related cardiorespiratory or long-term health issues, it is intuitive to suggest fitness standards should exceed a VO2max of 40 ml/kg/min.

Seaworthiness of autonomous vessels and remote operation center in the context of marine insurance

Abstract Seaworthiness has been an important issue in marine insurance since 18th century in English law. The IMO is currently preparing the MASS code under which remote operation centers are considered as an extension of a ship as the persons which form the crew of an autonomous vessel are onshore navigating the vessel from distance. This changes the existing legal picture completely in relation to the previous case law in which the English law is based on. However, the Nordic Marine Insurance Plan has not applied the concept of seaworthiness since 2013 and only operates with the concept of safety regulations. This article compares these two approaches which are dominating the marine insurance markets of today. The reactions of the underwriters are very different under these two legal regimes in relation to autonomous shipping, which will be a reality in international traffic since 2025 when the non-mandatory MASS code enters into force under the SOLAS.

Participation of an independent member of the supervisory board (board of directors) in corporate governance: comparative legal research

The article analyzes the institution of an independent member (independent non-executive director) of the supervisory board (board of directors) of a joint-stock company in the USA, Great Britain and China. It is concluded that UK corporate law does not contain clear criteria for differentiating non­executive from executive directors. Therefore, independent non-executive directors have the same duties and are legally liable as executive board members. They are subject to the duties of directors contained in the Companies Act. British law emphasizes the non-executive director’s independence from the company and its management, rather than the non-executive director’s dependence on the shareholders. The article systematizes a set of legal acts that are the sources of legal regulation of the US independent directors, namely: 1) listing standards of stock exchanges (New York Stock Exchange and Nasdaq); 2) regulatory acts of the Securities and Exchange Commission; 3) laws of the state where stock corporation is registered. Attention is paid to legal regulation in China. The author notes that the existing system of regulating the legal status of an independent director actually does not fulfill the functions assigned to an independent director. Chinese corporate governance system should be aimed at limiting the power of management and better protecting the interests of minority shareholders. However, its role is not adequately fulfilled because Chinese listed companies are usually controlled by a single majority shareholder. The author concludes that two types of independent directors have spread in world practice: the American one, in accordance with which the position of an independent director is established in a mandatory manner in corporate law; English, according to which the norms regarding the independent director are of a recommendatory nature, taking into account the principle «comply or explain». It is concluded that there are no single criteria for the concept of independence in the law of the studied countries, as well as a list of requirements for independent executive directors. Thus, the independence of an independent director remains a subjective category, and the evaluation criteria are formed based on the socio-economic conditions of the country.

A Local, Continental (African) and International Overview of the Law as it relates (or tries to relate) to Artificial Intelligence (AI).

In this article, the author performs a philosophical and a comparative analysis of the new phenomenon of Artificial Intelligence (AI) in a legal context. South Africa is in a a difficult position in adapting its legal system to such a radical change, having inherited both the Roman-Dutch law (a great part of its substantive law, especially Private Law), as well as English law (its entire Procedural Law as well as its Law of Evidence) from former colonial masters. One of the best international examples of specifically enacted AI law up to the present is that recently adopted by the European Union (EU). Unfortunately South Africa (RSA) will be forced to also have a close look at both the United Kingdom (UK) as well as the United States (USA) because the accusatorial system of procedure adopted by those countries is much closer to that applicable in the RSA. For the same reason, work done by the African Union (AU), being based mainly on the French inquisitorial model, is not ideally suited to former British colonies which are based on the British accusatorial model. Lay opinion on the future of AI, especially when allied with a powerful force (such as the Law), is also sharply divided. Perhaps because of science fiction hysteria, many citizens fear having their lives being over-regulated by inhuman machines. In the philosophical part of the present article some of these fears are addressed, mostly at the hand of some commentary on the science fiction work of George Orwell, entitled "1984". Here Government, acting as "Big Brother", gains ingress to every household by means of a government-sponsored "two-way" . To the mind of the present author this is an excellent illustration of the conflicting claims for privacy and security that AI has brought about.

Towards a More Conventional Approach: Article 10 and Unfair Dismissal in England (Case Comment)

Abstract This case note considers the case of Aghajanyan v Armenia and gives comment on how it impacts protection for Article 10 Convention rights in the context of the employment relationship, with particular focus on how it might impact the development of the English law of unfair dismissal in the context of both current and future law. The note highlights that Aghajanyan reinforces the robust Article 10 protection for certain types of expression within the employment relationship, notwithstanding any countervailing contractual obligations or duties which a speaker has to their employer, and outlines the analytical approach which the Strasbourg court will expect of national courts and tribunals with respect to applying a proportionality analysis when dismissal is consider (which, in the context of English unfair dismissal law, overlays the test of reasonableness which is specified by statute). The concept of an Article 10 ersatz whistleblower is also considered, namely whether the application of a Convention proportionality test, actually creates a middle ground of enhanced protection for those raising matters of public interest but don’t meet the strict tests under English law for formal statutory protection as whistleblowers. It will conclude that English tribunals’ rather inconsistent approach to Article 10 protection in the context of unfair dismissal is ripe for review in line with Aghajanyan, and that now is particularly appropriate time for such a review given the expansion of the unfair dismissal right under English law.

Piercing the Corporate Veil and Its Variations (On the Example of German, American, and English Legal Practices)

The capital form of a corporate entity is currently the most prevalent form of conducting business worldwide, driven by its diverse, profitable, convenient, and investor-oriented structure. Specifically, the privilege of limited liability encourages interested parties to boldly diversify their business portfolios without the risk of losing personal assets. However, this fundamental principle of corporate law also has exceptions, known as piercing the corporate veil. Most developed countries agree that in certain cases, it is unavoidable and necessary to invoke this exceptional measure to maintain or restore justice. This pertains to the personal liability of partners in cases of "abuse of rights" within the corporate structure. This paper examines the concept of piercing the corporate veil and the various approaches developed and established in different countries. Following the introduction, there is a brief historical overview of the formation of this doctrine, which thematically encompasses the essence of legal entities—legal fictions—and their independent, separate legal status, logically leading to the possibility of disregarding this separation through exceptional measures. It is crucial to highlight the legal foundations that legitimize the application of traditional piercing of the veil in the judicial practices of different countries, making the essence of the sub-types of this doctrine comprehensible to the reader. Additionally, the research aims to showcase the similarities and differences with variations such as reverse veil piercing in American law and the doctrine of lifting the veil in English law. Furthermore, the paper presents the latest approaches of German courts regarding the application or restraint from piercing the veil, where the aforementioned American/English terminology is not used, yet the approaches are fundamentally closely related. The conclusion summarizes the results of the research conducted around the topics discussed in the article.

Metaverse Crimes in Virtual (Un)Reality: Fraud and Sexual Offences under English Law

Metaverse Crimes in Virtual (Un)Reality: Fraud and Sexual Offences under English Law

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.

Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB

Abstract Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB, a sexual abuse case, is the latest UK Supreme Court judgment on vicarious liability. This case note is critical of the substantive judgment, as well as the court’s method of arriving at it. The case note argues that the Supreme Court allowed the appeal on tenuous grounds. Further, the practical effect of the judgment is unwelcome. As a result of this case, it will be harder for survivors of sexual abuse to demonstrate vicarious liability because they will find it difficult to show a naturally close connection between intentional torts and authorised employment activities. Lastly, the case note criticises the Supreme Court’s treatment of the facts and the language it used.

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.