Search results

This was an appeal from an earlier decision of the Queens Bench Divisional Court in R v Investors Compensation Scheme ex parte Gerald Taylor (judgment date 29th November, 1996) which has already been considered in this journal (see ‘Timing was crucial for ICS claim’, Vol. 5(2), Journal of Financial Regulation and Compliance 1997 at p. 178).

To provide a critical appraisal of the UK Government's proposals for the introduction of business improvement districts (BIDs) into England considering statute and case law against the proposed regulations, while drawing on the experience of BID models in North America.

The paper analyses the proposed regulations against the existing statute and common law position in England.

The regulations will not levy all hereditaments as stated. The voting and taxation provisions are not defined and transparent in connection with those paying less than full rates. Implications of the House of Lords decision in Edison appear to have been overlooked in the drafting.

The paper is specific to the Draft Business Improvement Districts (England) Regulations 2004. The paper identifies key issues for those involved in the local economy and property management in England. It is relevant across jurisdictions to those considering proposals for the implementation of BID schemes.

The paper is relevant to those occupiers and owners, and their advisers, who have an interest in property that is, or may be, included in a BID area.

The paper considers in an original manner the detailed proposals for the implementation of BIDs in England. It researches a number of areas of concern to those seeking to implement or pay a BID levy. It identifies a number of areas in which the regulations will not achieve the stated aims. Weaknesses in the voting and taxation provisions are identified.

This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell‐by’ date.

Britain's merchant navy dominated the international maritime trade in the 19th century. The strong ship owners' lobby imposed on the shippers the only choice to contract either under bills of lading drafted almost totally on the ship owners' terms or not to contract. The conflict between Britain and its rival the American merchant navy precipitated a movement for the use of model contracts of shipment (carriage) and towards standardisation of the liability of International liner carriers by legislative intervention. The bill of lading through its use in international trade gained the characteristic of being the document which incorporates the contractual terms. So, the orally agreed contract of carriage gave way to the contract of carriage in the form of a bill of lading.

The purpose of this paper is to examine the nature of the legal relationship tying workers to employers. It explores how the individual who is categorised as an employee is distinguished from a self-employed or independent contractor or a worker. The common law tests for classifying employment status are analysed against a backdrop of emerging research literature. Recommendations for reform are provided, drawing from the work of prominent scholars such as Mark Freedland and Simon Deakin.

The paper reviews court decisions and examines arguments raised in relation to the binary divide between employed and self-employed. The paper is largely conceptual.

This paper has shown that divergence between law and realities of employment still puzzle modern law reformers and judges alike. The common law test have proved to be inadequate and new solutions have been recommended. One of the suggest solutions is to import the doctrine of good faith into the tests.

The paper makes recommendations that will further refine and clarify the employment relationship in a bid to create a more inclusive “labour law” capable of protecting a wider range of atypical and vulnerable work relations. This paper will inform managers on the challenges in relation to classification of employment status brought about by the growth in atypical work.

This article summarises recent research into the subject of downloading child pornography and the different kinds of individuals engaged in the activity. Current attitudes to paedophilia are assessed. The question as to whether the downloading of pornographic paedophile material always leads to paedophilia is a core discussion. The law and current views on downloading are also discussed. The issue of whether downloaders of such materials are a danger is addressed and ways of preventing children being sexually exploited via the internet are explored.

Alongside the ubiquitous computer games apparently the marketing success of the 1992 toy season was a series of 25 year old puppets who had featured in a repeat showing of the orginal ITV series on BBC — Thunderbirds — more than 70 franchises have been sold to sell goods marked with the International Rescue logo and it is alleged that these products are even bigger than the previous smash marketing hit the Teenage Mutant Ninja turtles, saving thousands of jobs and making substantial profits for the British toy industry. The characters are licensed for right‐owners ITC (originally the international marketing arm of ATV, the ITV company which put out the programme, and now an independent company, ATV having long since lost its ITV franchise) by Copyright Promotions, Europe's largest licensing company (‘Thunderbirds are go to save the toy industry’ Sunday Telegraph 15/11/92).