The Denning Law Journal最新文献_第7页

ELECTION PETITIONS AND THE STANDARD OF PROOF 选举请愿书和证明标准

The Denning Law Journal Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1112

J. Hatchard

引用次数: 2

SLAVERY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE JUS COGENS PROHIBITION OF HUMAN TRAFFICKING 《欧洲人权公约》规定的奴隶制和禁止人口贩运的强制法

The Denning Law Journal Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1105

S. Kirchner, Vanessa M. Frese

引用次数: 4

RAISING FREEDOM’S BANNER HOW PEACEFUL DEMONSTRATIONS HAVE CHANGED THE WORLD 高举自由的旗帜和平示威如何改变了世界

The Denning Law Journal Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1116

S. Edwards

引用次数: 0

MORAL CRUSADES IN AN AGE OF MISTRUST: THE JIMMY SAVILE SCANDAL 不信任时代的道德十字军:吉米·萨维尔丑闻

The Denning Law Journal Pub Date : 2014-11-24 DOI: 10.5750/DLJ.V26I0.961

C. Brennan

引用次数: 22

REVISITING TRUSTEES' DECISIONS: IS PITT V HOLT THE FINAL WORD ON THE RULE IN RE HASTINGS-BASS? 重新审视受托人的决定:皮特诉霍尔特案是对哈斯廷斯诉贝斯案规则的最终裁决吗?

The Denning Law Journal Pub Date : 2014-11-24 DOI: 10.5750/DLJ.V26I0.960

R. Pearce

{"title":"REVISITING TRUSTEES' DECISIONS: IS PITT V HOLT THE FINAL WORD ON THE RULE IN RE HASTINGS-BASS?","authors":"R. Pearce","doi":"10.5750/DLJ.V26I0.960","DOIUrl":"https://doi.org/10.5750/DLJ.V26I0.960","url":null,"abstract":"Not every decision we make is a good one. The power to make decisions includes the power to make bad choices as well as good ones. Unless there is some other factor, such as the exercise of undue influence, the overbearing of will through duress, or a mistake, good and bad decisions are equally enforceable in law. It might be thought that the same rule applies to decisions made by trustees, even though their decisions generally relate to the interests of the beneficiaries, rather than to their own interests. Of course, if the decision is so bad that it amounts to a breach of trust, and loss is thereby caused to the trust fund, then the breach might expose the trustees to liability to the beneficiaries. It was against this background that what became known as the rule in Re Hastings-Bass achieved prominence. A series of first instance decisions permitted trustees in some instances to backtrack on a decision which had unintended effects or consequences. The rule became subject to criticism, and was reviewed by the Supreme Court in Futter v HMRC on appeal from Pitt v Holt in the Court of Appeal. The decision of the Supreme Court substantially limits the scope of the rule, and identifies three circumstances where the decisions of trustees can be reversed: namely where there has been an operative mistake; excessive execution; or inadequate deliberation. This article explores the three dimensions to the rule in Re Hastings-Bass and identifies a number of difficulties with the decision in Futter v HMRC.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"155 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133417561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

BRIBES, SECRET COMMISSIONS AND THE MONTE CARLO GRAND HOTEL 贿赂，秘密佣金和蒙特卡洛大饭店

The Denning Law Journal Pub Date : 2014-09-25 DOI: 10.5750/dlj.v26i0.933

R. Pearce

引用次数: 0

EQUITY’S JURISDICTION TO RELIEVE AGAINST FORFEITURE OF LEASES – AN HISTORICAL PERSPECTIVE 衡平法对没收租赁的救济管辖权——一个历史视角

The Denning Law Journal Pub Date : 2014-09-25 DOI: 10.5750/DLJ.V26I0.937

M. Pawlowski

{"title":"EQUITY’S JURISDICTION TO RELIEVE AGAINST FORFEITURE OF LEASES – AN HISTORICAL PERSPECTIVE","authors":"M. Pawlowski","doi":"10.5750/DLJ.V26I0.937","DOIUrl":"https://doi.org/10.5750/DLJ.V26I0.937","url":null,"abstract":"This article seeks to trace the evolution of equity’s jurisdiction to relieve against the forfeiture of leases from the early 17 th century cases through to the present day. Although the celebrated case of Sanders v Pope , decided in 1806, marked a trend towards a more flexible (discretionary) approach to equitable relief, this was to be short lived following Lord Eldon’s judgment in Hill v Barclay in 1811 declining to grant relief against forfeiture of a lease for a wilful breach of covenant not involving the failure to pay rent even where the same was capable of adequate compensation. This remained the position until 1973, when the House of Lords in Shiloh Spinners Ltd v Harding took the opportunity to review the whole question of the scope of equity’s jurisdiction to relieve against forfeiture. What emerged was a principled approach to the grant of equitable relief which was not limited to the two orthodox heads of relief: (a) where the right to forfeit was inserted by way of security for the payment of rent nd (b) where the breach had been occasioned by fraud, accident, mistake or surprise. The Shiloh ruling paved the way for the granting of relief for breaches of other covenants in the same way as that in the case of rent, namely, to prevent a forfeiture where the landlord may be adequately compensated and receive proper undertakings as to future performance, so that the forfeiture clause is merely security to achieve these results.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131040277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

DAEJAN INVESTMENTS LTD V BENSON [2013] UKSC 14, [2013] 1 WLR 854, [2013] 2 ALL ER 375 大韩投资有限公司诉Benson案[2013]uksc 14， [2013] 1 WLR 854， [2013] 2 all er 375

The Denning Law Journal Pub Date : 2014-09-25 DOI: 10.5750/DLJ.V26I0.927

P. Pettit

{"title":"DAEJAN INVESTMENTS LTD V BENSON [2013] UKSC 14, [2013] 1 WLR 854, [2013] 2 ALL ER 375","authors":"P. Pettit","doi":"10.5750/DLJ.V26I0.927","DOIUrl":"https://doi.org/10.5750/DLJ.V26I0.927","url":null,"abstract":"In this important case on the Landlord and Tenant Act 1985 (as amended by the Commonhold and Leasehold Reform Act 2002) the Supreme Court, by a bare majority, allowed the appeal against the decision of a Leasehold Valuation Tribunal (LVT) which had been affirmed by, first, the Upper Tribunal (Lands Chamber), and, secondly, by the Court of Appeal. Almost all long leases of flats contain an obligation on the landlord (or a service company) to provide services, such as repairing the exterior and common parts of the block, and a concomitant obligation on the tenants to pay service charges. The right of the landlord to recover such service charges depends on the terms of the particular lease, but the 1985 Act and the Service Charges (Consultation Requirements)(England) Regulations 2003 impose certain statutory requirements and restrictions on a landlord, which impinge on its ability to recover service charges. These requirements are designed to ensure that tenants of flats are not required (i) to pay for unnecessary services or services which are provided to a defective standard, and (ii) to pay more than they should for services which are necessary and have been provided to an acceptable standard.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125434324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

NO BURQAS WE’RE FRENCH! THE WIDE MARGIN OF APPRECIATION AND THE ECtHR BURQA RULING 没有罩袍，我们是法国人!广泛的升值幅度和第三次布卡裁决

The Denning Law Journal Pub Date : 2014-09-25 DOI: 10.5750/DLJ.V26I0.931

S. Edwards

{"title":"NO BURQAS WE’RE FRENCH! THE WIDE MARGIN OF APPRECIATION AND THE ECtHR BURQA RULING","authors":"S. Edwards","doi":"10.5750/DLJ.V26I0.931","DOIUrl":"https://doi.org/10.5750/DLJ.V26I0.931","url":null,"abstract":"In the 1970s in parts of the Middle East and in the Gulf, (United Arab Emirates, Oman and Qatar especially), the burqa or niqab when worn was worn by women from tribal regions only. Otherwise known as a ‘batoola’ this garment is a head and face covering with an area of mesh covering the eyes, another variation is provided by a mask covering the face and nose. Jonathan Raban in 1979 observed such sights in London ‘...it was on the Earl’s Court Road that I first saw the strange beak shaped foil masks of Gulf women...’ There has been a modernist revival in these once rare face coverings for a multiplicity of reasons and correspondingly the wearing of them contain several meanings. The burqa is worn for political, religious and other reasons, but also although not exclusively it is a garment intended to keep women in subjection. Stuart Hall in interpreting the work of Frantz Fanon’s 1960’s writings on the burqa (then called the veil) for Algerian women, explained ‘no sign is fixed in its meaning’ emphasising the fluidity of the burqa and also its capacity for appropriation by others. This is also true when considering the symbolic significance of the burqa today. Wearing it is defended as a right to choose, albeit in parts of Asia, for example in Afghanistan in the tribal regions, the burqa is a requirement for women. Whilst in some parts of Africa and the Middle East wearing the burqa is expressly prohibited. In the West and on the streets of London (following recent patterns of migration) the burqa is an increasingly common sight, and whilst it might have been worn by a woman who was subject to the norms of her own society and merely visiting the United Kingdom, many women who choose to settle in the United Kingdom and desire United Kingdom nationality are also wearing the burqa. This demonstration and visible representation of otherness has created anxiety, provoked public debate and criticism, and in France and Belgium, prohibition.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125096357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

The setting of the sun on the village green era 夕阳西下，村绿时代

The Denning Law Journal Pub Date : 2014-09-25 DOI: 10.5750/DLJ.V26I0.930

N. Pratt

{"title":"The setting of the sun on the village green era","authors":"N. Pratt","doi":"10.5750/DLJ.V26I0.930","DOIUrl":"https://doi.org/10.5750/DLJ.V26I0.930","url":null,"abstract":"The United Kingdom Supreme Court has recently handed down the much anticipated judgment in R (Barkas) v North Yorkshire County Council (“ Barkas ”). The case addressed the “by right” defence in village green law and whether use that is pursuant to a statutory right could be use “as of right” for the purposes of village green registration. The court unanimously ruled that use “by right” could not be considered as use “as of right” and would not be qualifying use for the purposes of registration. Use will be “by right” when it is pursuant to a statutory right to use the land, and is usually engaged when the land in question is in public ownership. In reaching this judgment the court overruled the previous authority of R (Beresford) v Sunderland City Council (“ Beresford” ) . The Supreme Court left many questions unanswered, although the culmination of recent activity in village green law now makes it considerably harder to register new greens. The inability to protect recreational spaces through village green registration potentially makes this land available for development, thus tipping the balance in favour of the economic aim, at the expense of the social and environmental aims, of sustainable development.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"28 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133426269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0