University of Southampton (Books and Journals)

• Southampton Student Law Review

This piece considers the doctrine of good faith and its existence in contract law which began with Lord Mansfield’s judgment in Carter v Boehm. Then, reconsiders the general contract law approach in reluctance to establishing an overriding duty of good faith. Parallels are drawn from the operation of the pre-contractual duty of good faith in insurance contracts to demonstrate that an overreaching

• Southampton Student Law Review

In Patel v Mirza,1 the Supreme Court overruled the highly controversial judgment of the House of Lords in Tinsley v Milligan.2 The new ‘range of factors’ test adopted by the landmark decision, which replaced the narrow ‘reliance’ test formulated in Tinsley v Milligan, however does not produce different results in every single case. This article highlights the impact of the law on illegality of...

• Southampton Student Law Review

The prospect of unmanned shipping was previously confined to fiction, however, technological developments over the last decade have firmly established their place in the future of the Shipping industry. This essay focuses on unmanned ship’s ability to comply with the 1972 Collision Regulations (COLREGs). This essay will discuss whether unmanned ships can satisfy the existing COLREGs, whether...

• Southampton Student Law Review

This article examines the application of European Union rules on a choice of law in relation to direct action claims, with a focus on insurance contracts in a maritime setting. This is an important legal matter which needs to be addressed, since, in cases of insolvent tortfeasors, third parties may be left without a remedy for damages incurred. The analysis will look into the most recent case law

• Southampton Student Law Review

In light of continued disparity between registered organ donors and patients in need of a transplant, this article seeks to evaluate purported solutions as enacted by the UK and other governments, with particular focus on the current explicit consent and proposed presumed consent models. The article seeks to view Organ Donation law in the UK through a wide lens, focusing not only on results...

• Southampton Student Law Review

• Southampton Student Law Review

The longstanding principles underpinning equitable and common law proprietary claims in relation to illegality have recently been reconsidered in the Supreme Court, the outcome of which was a change of approach in assessing reliance on illegality. This paper explores Mance LJ’s (as he then was) distaste of abiding by established illegality doctrines and the extent to which his view was echoed and

• Southampton Student Law Review

Transitional justice’s goal, broadly construed, is to ensure accountability and redress for victims in post-conflict societies devastated and divided at its core by systemic human rights violations. Yet, the noble aims of transitional justice and its attendant mechanisms are almost always hamstrung by context-insensitivity, disenchantment with the transitional process, and the propensity of...

• Southampton Student Law Review

In its decision of 19th October 2017, the High Court of Justice, Chancery Division (EWHC) held that under Copyright Designs and Patents Act 1988 ("CDPA"), a creator of a TV format is entitled to obtain copyright protection by complying with two minimum standards. The first standard being that there should be some apparently identified features which, taken together, distinguish the show in...

• Southampton Student Law Review

In 2016, the Supreme Court decided in McDonald v McDonald1 that Article 8 of the European Convention on Human Rights cannot justify a different mandate to that of the contractual relationship between private tenants and landlords, and the mandate that Parliament decided when balancing the competing interests. This essentially means that judges are not required to assess proportionality when a...

• Southampton Student Law Review

One of the main concerns that was highlighted, by the referendum requesting Britain to leave the European Union, was the principle of supremacy as developed by the European Court of Justice. This article will examine the principle of supremacy, the response by national courts, the true nature and extent of the principle, whilst discussing the statement by Michael Gove MP on who should be the...

• Southampton Student Law Review

• Southampton Student Law Review

In the Rangers1 case, the Supreme Court heard an appeal concerning whether a charge to income tax was applicable to payments made by an employer into a trust, on behalf of an employee. It considers the meaning of ‘earnings’ in relation to the income tax statutes and reaches the conclusion that the payments made by the Rangers were ‘earnings’. In this article, the reasoning of the Court will be...

• Southampton Student Law Review

The Rome I Regulation is a European Union (EU) conflict of laws regime that provides the rules for determining which national law should govern contractual obligations in civil and commercial matters. This article will consider how the escape clause contained in Article 4(3) Rome I Regulation should be interpreted in the absence of any clear guidance on this issue from the Court of Justice of the

• Southampton Student Law Review

This paper explores the emergence and impact of the principle of supremacy of European Union (EU) law. The first part focuses on its origins. It suggests that the historic-political context in which supremacy emerged seemingly supports the contention that the principle resulted from judicial activism. However, it also highlights, and I argue, the purpose and autonomous nature of EU legislation...

• Southampton Student Law Review

• Southampton Student Law Review

Issues surrounding medical paternalism, and whether, and to what extent, such an approach exists in the law of England and Wales, will be considered in this article. Cases including Bolam,207 Sidaway208 and Mongomery209 will be analysed in order to illustrate where and when medical paternalism has a place in English law.

• Southampton Student Law Review

• Southampton Student Law Review

This article presents Joseph Raz’s account of ‘law as a legitimate authority.’ This signifies that law must, firstly, be presented to the subjects as the view of the legislator on how the former must behave, and secondly, the existence and the content of the legal rules must be established by reference to their source in empirically discoverable historical facts, such as legislation or judicial...

• Southampton Student Law Review

This case note and comment addresses the academic literature following the House of Lords’ decision in the 1995 case of Target Holdings Ltd v Redferns. It will be argued that the leading judgment delivered by Lord Browne-Wilkinson did not establish a “false step”; rather, it constituted a necessary departure from orthodox principles. This approach was taken in order to consolidate the lacuna in...

• Southampton Student Law Review

• Southampton Student Law Review

Autonomy, or the right to decide for oneself, is synonymous with human dignity and are the foundational pillars of human rights. While autonomy in itself is a daedalian notion that fleshes out into a full canvas of the human being, it is now expected and understood that in the medical context, patients should have the basic right to make informed choices on what he or she believes to be the best...

• Southampton Student Law Review

In this Article, I seek to challenge the rationale and justification for the ICJ’s undue influence over the identification of customary law. Although the Court is prescribed a subsidiary role for the determination of law in Article 38 (1)(d) of the ICJ Statute, it is apparent that the ICJ’s influence has manifested beyond its envisioned subsidiary role and instead encompassing a dominant role in...

• Southampton Student Law Review

The English Courts have clashed with Strasbourg for over a decade on the meaning of Article 8 of the Convention in the context of social housing repossession cases. Although the case of Pinnock v Manchester City Council signified a re-examination of the approach in English law, it amounted to little more than a fig leaf for the continuing divergence between the courts’ opposing views. The crux of

• Southampton Student Law Review

• Southampton Student Law Review

• Southampton Student Law Review

This article argues that the law concerning pure psychiatric harm caused by negligence has been in a state of disrepair since the decision in Alcock. It is contended that the present unsatisfactory situation must be ameliorated in order to give rise to a principled and fair law. Suggestions that the courts should refuse to recognise psychiatric harm as actionable damage are dismissed as unjust...

• Southampton Student Law Review

• Southampton Student Law Review

This essay concerns the harmonisation of the originality requirement for copyright protection in the European Union (EU) and its impact on United Kingdom (UK) copyright law. The issue will be approached from the interpretation of EU directives by the Court of Justice of the EU (CJEU) in its case law, and the application in UK case law, as well as reference to relevant academic journals and...

• Southampton Student Law Review

Free movement law is essential for the construction and continued development of the internal market. In recent years there has been much debate within the Court of Justice of the European Union (CJEU) and among academics as to the type of legal test that should be utilised to maintain the free movement of goods, persons, services and establishment in the European Union (EU). This debate has been