Undue Influence in UK Law
This legal column includes discussion of a recently decided Court of Appeal case relevant to vulnerable adults and a review of Fair Access to Care Services, the guidance on eligibility criteria for...
- Undue Influence and Coercion
- The Limits of Undue Influence
The Relevance of Reverence; Undue Influence Civilian Style
Persons in positions of authority are able to engender feelings of reverence in others. Such reverence, unfortunately, can lead to exploitation. For many centuries, courts and legal writers have st...
Men Behaving Badly: An Analysis of English Undue Influence Cases
Undue influence in mortgage cases is a major issue for women in turn-of-the-century English Land Law. The case reports reveal a catalogue of bad behaviour by men - not simply the perpetrators but a...
- Undue Influence in the House of Lords: Principles and Proof
Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
Before the case of Royal Bank of Scotland v Etridge (No. 2), the modern presumption of undue influence appeared to be a potent one that had to be rebutted on a balance of probabilities. While it is...
From judicial independence to interdependence in the international sphere
The goal of this article is to develop an analytical framework for the conceptualization of international judicial independence. First, it will be argued that judicial independence is not to be con......... de sign that combines theneed to enable adjudicationfree from undue influence orpressure with mechanisms to counterbalanc e judicial power. Fo ......
BRITISH ‘WAR CABINETS’ IN LIMITED WARS: KOREA, SUEZ AND THE FALKLANDS
In crises leading to a limited war, the Cabinet assigns responsibility for its detailed management to a ‘War Cabinet’. For Korea the standing Defence Committee was used; the Cabinet's role was effe......... a War Cabinet are those of tunnel vision and of the undue influence of military or technical considerations. The full ......
The Dominance of the International Court of Justice in the Creation of Customary International Law
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 t........., I seek to challenge the rationale and justification for the ICJ’s undue influence over the identification of customary law. Although the Court is ......
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