University of Southampton (Books and Journals)
159 results for University of Southampton (Books and Journals)
- Acknowledgements
- Foreword
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An Exploration into The Different Interpretations of Judicial Independence Amongst The European Union and Its Impact on The Rule of Law: Is Judicial Independence Sufficiently Being Achieved in the UK Constitution?
Judicial independence refers to the separation of powers between the judiciary, executive, and legislature. It is fundamental in any democratic society for upholding the rule of law because it ensures the judiciary can freely conduct their role of applying the law without bias or influence from the other branches of power. Despite the importance of judicial independence in a democratic society...
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Insurable Interest in 'Double Sold' Commodities: Unveiling The Grain of Truth Through Quadra Commodities V XL Insurance Co [2022] and Its Significance in Modern Insurance Law
The purpose of this essay is to critically analyse the decision of Quadra Commodities v XL Insurance Co [2022] and comment on its significance in modern insurance law. The first paragraph provides a brief overview of the facts and decision of Butcher J. The second section engages in a discussion on insurable interest considering earlier authorities. A conclusion is then reached that Quadra...
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Evaluating the Need for Comprehensive Reform: An Analysis of the UK's Surrogacy Laws And Proposed Changes
The Law Commission's proposals for reform of surrogacy law have been welcomed by many stakeholders, but there are others who are very critical and argue that these proposals have failed to adequately address many of the problems under the current provisions. Using a range of relevant sources as an evidence base for this discussion, this essay will discuss whether the Law Commission's reform...
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Striking a Balance Between Paternalism and Autonomy in Healthcare Decision-Making
One of the most important elements of healthcare practice is the act of choosing the desired medical treatment. However, it is disputed whether doctors should be granted freedom to decide treatment plans on behalf of patients, or if patients should be provided with information to decide on their own. This presents a clash between paternalism and autonomy. The courts within England and Wales, as...
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No-Property Rule in Light of The Haynes Case
This article examines the development of the no-property rule for dead bodies and separated body parts in the light of the Haynes Case. The author will include case laws related to the no-property rule for dead bodies and separated body parts and compare them with the Haynes Case. This article also analyses the exceptions to the noproperty rule and the limitations of its application. Finally, it...
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How Should We Understand the Policing Tool Known as 'Stop and Search'?
This paper seeks to address how the policing tool known as 'stop and search' should be understood. It does so through comprehensive analysis of the origins, the meaning and purpose, and the nature (in consideration of the statistical trends) of stop and search. Consideration of the future implications of stop and search based on this analysis is also discussed. The use of stop and search is...
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The Significance of The Ocean Victory Case in Maritime Insurance
This case analysis looks at Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another. The judgment of the Supreme Court is critically analysed for its significance; both in the law of maritime insurance and the broader maritime industry. Three main issues were considered by the court and are each dealt with below. Firstly, the court considered whether a standard...
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Miscarriages of Justice: Is the Courtroom Still Fit for Purpose?
This paper examines miscarriages of justice in England and Wales' criminal justice system. It assesses the contribution of eyewitness misidentification and erroneous evidence as leading causes of miscarriages of justice, before engaging in a jurisdictional comparison with the United States of America and proposing reform recommendations. Miscarriages of justice remain a contested issue in the...
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Man V Machine: How AI Is Testing The Legal Notion of Copyright
The fundamentals of intellectual property law are continuously tested by modern day advances in innovations and new technologies. Yet the way in which different jurisdictions respond to such developments differs throughout national and international law
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Critical Analysis of Versloot's Challenge to Lord Hobhouse's Doctrine on Fraudulent Insurance Claims
There are two crucial cases in English law on what constitutes a fraudulent insurance claim - The DC Merwestone and The Star Sea. Whilst the former judgement is ostensibly the opposite of the latter, their rationale and definitions are not contradictory. The DC Merwestone judgement emphasised the distinction between a fraudulent claim and a collateral lie, holding that only a lie relating to a...
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Assessing Fraudulence in Insurance Claims- A Comprehensive Analysis of an Evolving Concept and Regime
The question of what is considered 'fraudulent' in a claim of insurance is cardinal both in understanding fraudulence theoretically from the point of scholars and academics seeking to ascertain a complete conceptualisation and from the point of the practitioner (be it lawyers, brokers, underwriters, and those they insure) seeking certainty and fairness- as understood from their differing...
- Resource Allocation Decisions: Accountability for Healthcare Professionals
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Reconsidering The Minimum Age of Criminal Responsibility to Eight Years Old
This paper focuses on lowering the minimum age of criminal responsibility (MACR) to eight years in the United Kingdom. It comprehensively reviews historical, legal, developmental, international comparative, and socioeconomic perspectives. Furthermore, this paper examines influential cases, such as the James Bulger1 murder and critically evaluates the potential implications of such reform. It...
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A Review of the Youth Justice System: To what extent should there be a mandatory minimum sentence for serious crimes?
This paper addresses a statement which aims to reform the law. The statement suggests that young people under 18 should have a mandatory minimum custodial sentence of two years when convicted for a range of serious offences. The overall argument elucidated is that this is punitive, as there are many factors that should be considered. Firstly, it foreshadows a departure from the current law, which
- A Critical Discussion of the Causes of Miscarriages of Justice in England and Wales within the Role of the Police and the Steps that Can Be Taken to Prevent These
- A Contemporary Review of Causation in Marine Insurance
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The Cost of Protecting Privacy: A Critical Analysis of How in the Current Data Driven Economy Chapter V of The General Data Protection Regulation Operates as a Barrier to International Digital Trading
This dissertation examines how Chapter V of the General Data Protection Regulation (GDPR) restricts the free flow of data in the current data-driven economy. With the significant growth of the Internet and other digital technologies, companies and organisations from different industries are given the opportunity to collect, process, and transfer information across borders to increase their profit
- Acknowledgements
- Foreword
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Determining A Comprehensive Test for Defining a Ship
A ship is one of the core elements of the maritime industry. However, the international maritime industry and academia do not agree upon a single, universal definition of this term. International conventions like the UNCLOS are silent about this definition, while others give a very purposive definition incapable of universal application. Similarly, a study of the English jurisprudence related to...
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An analysis of the one breach, two kinds of loss scenario in terms of the demurrage
Demurrage is liquidated damage stipulated in the voyage charterparty for compensating the shipowner if the charterer failed to complete cargo operation within the laytime. However, when the charterer's failing to load or discharge in time causes loss other than the detention, what damages demurrage can compensate is in dispute. In the case Eternal Bliss, 72 Andrew Baker J, the High Court judge,...
- Long-term Property Relationships: Evaluating the utility of learning from Relational Contract Theory
- The insurer should be liable for any losses suffered by the assured after scratching an MRC/Slip, A discussion
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The Impact of the International Criminal Court's Juridical Context and Jurisdiction on its Ability to Effectively Deter the Crime of Aggression
International law is not bound by statutes, making it a fragmented legal framework rather than a unified code. It operates on the principle of state cooperation in upholding justice in good faith. This article aims to explore the judicial challenges that the ICC encounters in effectively deterring the Crime of Aggression, while also addressing broader structural limitations within the...
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Defining Genocide: how the crime without a name became the 'crime of crimes
This article sets out the nature, history and convoluted structure of the crime of genocide, by providing a comprehensive analysis of how genocide has been defined within international law. The Nuremberg Trials demonstrated the need for a new international crime to comprehend the gravity of the acts perpetrated by the Nazi regime. However, the enactment of the Genocide Convention created tension...
- Foreword
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Weak and Strong-Form Review: The Incurable Judicial Mistake of Striking Down and Refusing to Recognise Primary Legislation
This paper covers the deplorability of the strong-form version of judicial review, focusing on both the commonwealth and American jurisdictions, engaging a critical analysis of the action of judges striking down or refusing to recognise politically legitimately enacted primary legislation. That perspective is in aid of endorsing its counterpart system, the weak-form version of judicial review,...
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Battery Powered? - The Need for Reform of Common Assault
The law on common assault and battery remains inexplicably detached from the major offences against the person and indeed requires serious reform to ensure that the law on common assault is suitable as the criminal law evolves over time. This article details the compelling case for legal reform on common assault and why procrastination over change is no longer acceptable. Firstly, the article...