The University of Buckingham Press Journals
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Spread Trustee Company Ltd v Hutcheson
Get PDFEXEMPTING A trustee for gross negligenceCan an exemption clause exclude a trustee’s liability for gross negligence? That was the question which the Privy Council was required to consider in this appeal from the Guernsey Courts. Guernsey has developed substantial activities in finance and trusts, and now has legislation (the Trusts (Guernsey) Law 2007) creating a legal framework for this business. The legislative framework was first introduced in 1989, and amended in 1990. The effect of an exemption clause had never been considered in litigation in Guernsey prior to the introduction of legislation.
JEHOVAH’S WITNESSES – MEDICAL CARE, MINORS AND THE RELIGIOUS RITE/RIGHT
Get PDFResponsible and caring parents seek the best possible medical care for their children. In the case of parents who are Jehovah’s Witnesses their religious beliefs prohibit medical intervention which uses blood. This prohibition specifically includes the refusal of blood transfusions even where such a refusal may result in the death of the person concerned. Jehovah’s Witnesses as a result are often viewed with animosity or contempt, considered foolhardy and recklessly disregarding life, martyring themselves and their children. This article seeks to examine the religious origins of the blood prohibition and attempts to set the rationale for refusal in its religious context. It also explores the approach of the courts in the UK, the US and Canada to Jehovah’s Witnesses children (supported by their parents) including those who have expressed a wish to refuse such treatment or else have been too young to do so. It concludes with presenting such refusal as a religious right which it is argued engages article 9 of the European Convention on Human Rights (ECHR)
POLICE, PROSECUTION, COURTS AND WARTIME DEMONSTRATIONS: ADELA PANKHURST IN THE AUSTRALIAN HIGH COURT
Get PDFRights of assembly and freedom of speech are a rich ground for decision-making by police, prosecutors and courts in determining a balance with obligations of authorities to keep the peace and prevail against disorderly conduct or riot. Recent claims of abuse of police powers through “kettling” have reached the European Court of Justice. These cases directly address the scope and exercise of police authority in maintaining order during demonstrations. Yet not only police powers are in issue at times of political disputation. Two cases heard early last century by the Australian High Court illustrate the way in which both the decision to prosecute and judicial decision-making may be influenced by socio-political considerations, particularly in time of war. Pankhurst v Porter and Pankhurst v Kiernan saw Adela Pankhurst, youngest daughter in the redoubtable Pankhurst family of Suffragette fame, testing the limits of the law during the struggles to ensure that sending wheat abroad to feed the troops would not justify pricing bread out of the reach of ordinary, working-class households. The success of the appeal in Pankhurst v Porter exposed error in the prosecutorial process. The failure of the appeal in Pankhurst v Kiernan exposed flawed reasoning in the majority opinion and the strength of the dissenting judgment in it’s application of the law to the facts and the need to maintain objectivity or at least neutrality as to the particular appellant
SHAREHOLDERS RIGHTS
Get PDFRobin Hollington QC, 5th ed, (Sweet & Maxwell, London 2007) Hardback ISBN 9781847030221 £155Now in its fifth edition, this work by a leading practitioner in the area has become very well established. Despite its name, it covers a wide area, setting possible shareholder claims in the general framework of company law, separate legal personality, the statutory contract, majority rule and a quite detailed look at directors’ duties.
"Fair Dealing" as a Defence to Copyright Infringement in UK Law: An Historical Excursion from 1802to the Clockwork Orange Case 1993
No full text"Fair Dealing" as a Defence to Copyright Infringement in UK Law: An Historical Excursion from 1802to the Clockwork Orange Case 199
Domestic Contribution and Constructive Trusts: The Canadian Perspective
Get PDFDomestic Contribution and Constructive Trusts: The Canadian Perspectiv
