UK Law Research Articles

Comparative Genealogies of “Contract and Society”

AbstractSince contracts form a basic institution of every legal order, the interdisciplinary orientation of concepts of contracts reveals socio-legal inclinations of a legal order more broadly. Contrasting the UK and US Common Law of contracts with developments under German law, this Article examines the relation between normative and social science approaches, notably rooted in economics, economic sociology, and social theory in the genealogy of contract law. A shared leitmotif over the 20th century has been the drive to account for the societal embeddedness of contract. However, conceptualizations of “Contract and Society” differ considerably between legal orders in their disciplinary ingredients and design. In the US, and to a lesser extent also in the UK, the rather continuous reception of legal realism has paved the way for broad interdisciplinary perspectives on contract law, ranging from classical socio-legal, empirical work (e.g., Macaulay), economics (e.g., Williamson), sociology (e.g., Powell), and critical theory (e.g., Kennedy) to today’s landscape, where essentially instrumental and ideal-normative theories compete. Alternatively, in Germany, where the realist heritage was more ephemeral, the transformations of contract law were processed from within legal discourse and foremost in their effects on private autonomy as conceptualized, for example, in German idealism, discourse theory and critical theory. Similarly, the “constitutionalization” of contract law—even if championed for fostering private law’s reflexivity—has, for the most part, defied a socio-legal orientation. Finally, the Article highlights the path dependencies with which these different starting points translate in current debates around the role of contract in transnational governance.

Pay regulation – is more better?

From October 2013, UK law and regulations (the Reform) require periodic binding shareholders’ approval of executive directors’ remuneration policy, as well as enhanced disclosure in remuneration reports. These requirements supplement an ongoing requirement for an annual non-binding vote on compensation outcomes that are detailed in the remuneration report. Using a large sample of listed companies from 2010–2017 we investigate whether the Reform has affected pay levels, pay-performance sensitivity, the pay gap between the CEO and other employees, the amount of cash returned to shareholders, and dissent voting on the remuneration report. We find little evidence that the Reform has affected these variables in our sample firms. Using market-based tests we find that market participants anticipated an improvement in corporate governance for some key dates before the Reform came into force. Taken together, the paper’s evidence suggests the Reform has not met its stated objectives.

European OMFS in the time of Brexit – where did the UK fit and how might the future look?

The specialty of OMFS in the UK is a dual degree specialty which was recognised in Europe within Annex V of Directive 2005/36/EU. Currently UK law matches that of the EU. Brexit may change this. DIRECTIVE 2005/36/EU: Defines two specialties within European nations, Dental, Oro-Maxillo-Facial Training DOMFS (Basic dental & medical training) and Maxillofacial Surgery (basic medical training). The UK sat within DOMFS and so specialists from DOMFS nations could travel and work in the UK. Specialists from all other nations were required to use the Certificate of Eligibility for Specialist Registration (CESR) route. DIRECTIVE 2013/55/EU: This directive updated 2005/36/EU regarding Mutually Recognised Professional Qualifications (MRPQ) including creating an international alert system for doctors in difficult Entry onto the UK OMFS Specialist List by CESR Route CESR application is a large and complex portfolio of evidence to demonstrate knowledge, skills and experience are equivalent to a Certificate of Completion of Training (CCT) holder. To date, no EU applicants have successfully completed a CESR application. Even after Brexit, the UK will remain a full member of UEMS. The OMFS Section of UEMS is a source of information and support for specialists wishing to work in other nations and for nations wishing to develop an OMFS specialty in their nation. Applicants meeting the person specifications for approved OMFS specialty training (ST) posts in the UK are welcome to apply to the national selection process for OMFS specialty training in the UK. Many have done so successfully. Fixed term appointments and Fellowships are advertised and represent a useful route to gain support for application for training or through the CESR Route. The UK remains part of the diverse OMFS community in Europe. There is support from within the UK and from UEMS for trainees and specialists interested in coming to the UK to train or to work.

FINDING CAUSAL CONNECTION BETWEEN ASBESTOS AND MESOTHELIOMA IN THE UK TORT LAW

It has been proven by medical science that asbestos fibers are carcinogenic and can cause mesothelioma. Consequently, from the standpoint of tort law a person suffering from mesothelioma should be entitled to claim compensation from the one who exposed this person to asbestos dust. However things are not as straightforward as it may seem at first glance. The aim of the paper is to track the development of case law and statutory law of the United Kingdom regarding the compensation of damage caused by asbestos-related mesothelioma. The survey of UK law is conducted within the methodology of comparative law studies. In addition elements of law and economics approach are also used in the article. The conclusion is made that the peculiarities of mesothelioma pathogenesis call for revision of conventional approach to proof of causation in tort law.

Which Implementations of Loot Boxes Constitute Gambling? A UK Legal Perspective on the Potential Harms of Random Reward Mechanisms

Loot boxes are virtual items in video games that offer the player randomised in-game rewards of uncertain in-game and real-world value. Paid loot boxes represent a lucrative and prevalent contemporary monetisation method that encourages repeat purchase through randomisation. The psychology literature has consistently reported a relationship between loot boxes and problem gambling. However, various implementations of loot boxes have not been sufficiently differentiated and separately examined. The literature and gambling regulators have generally argued that only loot boxes that cost real-world money to buy, and offer rewards that can be transferred to other players and are consequently worth real-world money, constitute ‘gambling.’ This paper identifies the potential harms of two other types of loot box: one does not cost real-world money to buy and the other does not offer rewards that are worth real-world money and argues that both may constitute ‘gambling’ under UK law. This paper hypothesises that even loot boxes that neither cost real-world money to buy nor offer rewards that are worth real-world money may be potentially harmful as they may normalise gambling behaviours. This paper highlights that, when the game’s design and economy are exploited by players, a particular implementation of loot boxes may involve real-world money, potentially contrary to the game company’s intentions, and thereby effectively constitute ‘gambling.’ This paper recommends that future empirical research separately examine the potential harms of each type of loot box.

Proposals for copyright law and education during the COVID-19 pandemic

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

Tragic choices in intensive care during the COVID-19 pandemic: on fairness, consistency and community

Tragic choices arise during the COVID-19 pandemic when the limited resources made available in acute medical settings cannot be accessed by all patients who need them. In these circumstances, healthcare...

Brand Name Nomenclature of UK Law Firms

Law firms are often required to use the last names of their partners; they are prohibited from using brand names that can distinguish their law firms. This limitation often forces them to use different naming structures to abide by their naming regulations. This paper explores the naming nomenclatures of Top 200 UK Law Firms to understand different naming structures adopted by these firms. The result highlights twelve different naming structures. The study presents theoretical and managerial implications relevant for researchers with interest in branding, law practitioners and brand managers.

중대재해기업처벌법 입법안 소고

The beginning of the campaign to enact the Corporate Manslaughter Act in Korea is largely influenced by the UK legislation of the Corporation Manslaughter and Corporate Homicide Act 2007. Several types of heavy punishment legislation on the corporate have been initiated by the 20th National Assembly considering the UK law. The Bill initiated by the Justice Party in June also has referred to the UK’s 2007 Act. But they all focus mainly on strengthening the sentence without breaking through the old penalty system of the Occupational Health and Safety Act. In my opinion, the special bill should clarify that Occupational health and safety crimes are not crimes of individual workers but crimes of corporations, and ask for primary responsibility for the company. This article suggests the direct criminal liability of corporations, their primary responsibility on occupational safety and health crimes, and other measures to the chief executive officer responsible for the corporate crimes.

Statutory Interpretation and the Limits of a Human Rights Approach: Royal Mail Group Ltd v Communication Workers Union

In the 1998 white paper Fairness at Work, the recently elected New Labour Government famously declared that when it came to trade union law there would be no going back: the days of strikes without ballots, mass picketing, closed shops and secondary action were over and the intention was to retain the ‘most lightly regulated labour market of any leading economy in the world’.1 In the same year, the Human Rights Act was passed, giving direct vertical and indirect horizontal effect in UK law to the European Convention on Human Rights (the Convention; ECHR). Since then, it has become increasingly common for trade union lawyers to look to Article 11 of the Convention as providing grounds for an expansive reading of the very restrictive provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) dealing with industrial action. In 2008, the Demir and Baykara decision...

The 4th UK and Ireland Best Practice Street Law Conference 2019

<p>The UK and Ireland Best Practice Street Law Conference has become a popular annual event on the UK clinical legal education calendar. Taking place in early autumn, the conference is unique in celebrating this area, which is often viewed as the smaller sibling of more traditional clinical legal education models. What started as a casual discussion between clinicians at an international Street Law conference, has developed to be a well-known conference attracting national and international delegates as well as input from NGOs and third sector organisations.</p><p><br />The unique ethos of the conference is focused on interactivity, delegate contribution and sharing best practice (both theoretical and practical). It aims to be a truly collaborative initiative between the host institution, the oversight and steering committee, and most importantly the conference delegates. It is a valuable resource for those already experienced in Street Law and a helpful platform for those starting out on the journey.</p>

Refusal of viral testing during the SARS-CoV-2 pandemic

Widespread testing for the respiratory syndrome coronavirus-2 (SARS-CoV-2) will represent an important part of any strategy designed to safely reopen societies from lockdown. Healthcare settings have the potential to become reservoirs of infectivity, and therefore many hospital trusts are beginning to carry out routine screening of staff and patients. This could promote the effective cohorting of patients and reduce the rate of nosocomial infection. However, for various reasons, some individuals may refuse this testing. Here we highlight this as an emergent ethicolegal issue which we expect to become increasingly relevant as testing becomes ubiquitous. We explore this position from an ethical and legal perspective, determining whether refusal of testing is acceptable under UK law. Individual patients refusing testing could undermine a hospital's testing strategy; therefore clinicians and policy makers must prospectively determine the best course of action if this were to occur.

The Application of Legal Maxim “King Can Do No Wrong” In the Constitutional Law of UK & USA: An Analytical Study

The legal maxim “King can do no wrong” was in full force in the English constitutional law ever since the emergence of British Empire. The doctrine provided absolute immunity to the Crown. The king started losing his absolute prerogatives, in centuries long battle for power among the Crown and lord businessmen, which eventually resulted in the concept of liable government in the UK in the shape of the crown proceedings act 1947. On the contrary the US constitutional law is silent about the presidential immunity, following the maxim “no one, even the government is above the law”. However, the US Supreme Court is expanding the application of this doctrine by granting the immunity to the president in cases where his act falls within the constitutionally assigned duties along with negating it in cases where the act of president falls outside the outer perimeters of his constitutionally assigned duties.

The legality of the citizenship deprivation of UK foreign terrorist fighters

Citizenship deprivation of foreign terrorist fighters by the United Kingdom is increasing. This is of debatable legality under international law on five separate grounds. First, the UK is arguably wrong in claiming that an extraterritorial deprivation is outside the jurisdiction of the ECHR. Second, UK law may be unlawfully arbitrary and discriminatory. Third, UK law arguably contravenes the Convention on the Reduction of Statelessness 1961. Fourth, the UK may be violating its customary international legal obligation to readmit nationals. Fifth, UK practice may breach its conventional extradite or prosecute obligations. Overall, there are arguments of considerable strength that can be made in opposition to UK law and practice in the area.

The Functionality of a Contract in The Music Industry: Exploring Options for Entertainer’s Success

In this research the main issues with entertainment contracts are exposed in terms of errors made by the inexperienced artists. Through the history of cases it is shown that the power of the contract is serving to the detriment of a talented artist and rather benefits ordinary persons. In light of the existing social media instruments, the traditional contract with a record publisher is shown to be useless. The do-it-yourself scenario is discussed in terms of existing UK and US laws. The famous cases leading to the abusive contracts are presented as an example of the tradeoff that an artist must face to obtain a monetary benefit. The exposition is an attempt to show that the fame received in exchange for a portion of revenue is not always worth its price. This research is promoting justice that should emancipate all talented people from any contractual obligations by making them owners of their copyrights.

A review of the use of biological mesh products in modern UK surgical practice: a religious and cultural perspective.

The UK is an increasingly multicultural society. This change coincides with an increasing use of animal products in medicine and surgery and a change in the UK law of consent. The refusal of Jehovah's Witnesses to accept blood products is well known, but the use of animal products in surgery is a neglected topic. As society becomes more diverse and medicine becomes ever more advanced, there is increasing potential for a mismatch between what is medically possible and what is acceptable from a religious perspective. Surgical products were identified by searching the literature and contacting manufacturing companies. Literature was identified by using PubMed and OVID (MEDLINE). Religious views were established by contacting national bodies for each group. The views of common UK religious groups and the constituent parts of biological meshes are summarised in tables intended to be used as a reference during clinical practice. On an elective basis, the Islamic, Hindu. Sikh and Jain leaders contacted had strong views on avoiding animal derived products. The Christian and Jewish leaders contacted did not. All religious leaders contacted accepted the use of mesh derived from human tissue. All products, including those of porcine and bovine origin, were acceptable to all leaders contacted if the procedure was performed to save life. The highlighting of this issue should prompt earlier consideration and discussion in the surgical planning and the consenting process with all final decisions taken by both the surgeon and the individual patient.

Proposals for Copyright Law and Education During the COVID-19 Pandemic

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the CDPA, including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing, and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

Brexit and Competition Law: The Future Relationship Between the UK and EU Competition Law Regimes

The United Kingdom’s withdrawal from the European Union and its impending departure from the latter, place the UK and EU competition law regimes in a situation of great uncertainty. From a well-anchored position in which these two regimes have been intertwined and their key actors – the Competition and Markets Authority and the European Commission – enjoy a strong and close association (principally within the European Competition Network), the two regimes are now supposed to go separate ways. This transition could not be more powerful and its implications could not be more serious. Yet, hardly any proper attention has been given to assessing the future relationship between the two regimes especially from a policy perspective. The present article engages in such assessment. In addressing a number of key issues – notably the relationship between UK and EU competition law and authorities – the article offers a vision and critical analysis of the kind of future relationship the two regimes should have. Brexit, Competition and Markets Authority, European Commission, cooperation, European Competition Network, UK and EU competition law regimes

Tobacco industry tactics to circumvent and undermine the menthol cigarette ban in the UK

Menthol, a type of alcohol (molecular formula C10H20O), can be obtained from mint plants or manufactured.1 2 In addition to flavouring, it has local anaesthetic properties that can conceal the...

Discussion Report – UK and EU Company Law After Brexit

Discussion Report – UK and EU Company Law After Brexit