articles

Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof

This article suggests that lawyers and judges may not understand the effects of their rules and procedures upon the production of evidence and its evaluation in criminal trials and appeals.

Gary Edmond

Communicating Censure: The Relevance of Conditions of Imprisonment at Sentencing and During the Administration of the Sentence

Recently, courts in Canada and England and Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency.

Marie Manikis and Audrey Matheson

Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’

This article considers the extra-judicial work of Lord Diplock in the domain of national security in the context of his life and judicial work, examining why he was repeatedly entrusted by the government to consider matters of the utmost sensitivity.

Paul F. Scott

Discrimination at the Interface: The Equality Act 2010 and Platform Interface Design

Most legal scholarship on the equality implications of platform design focuses on algorithms. This paper instead interrogates the comparatively neglected issue of interface design.

Jed Meers

The Citizen as Other: The Case from Within for Cosmopolitan State Duties and Freedom to Migrate

This article considers a novel frame for state duties towards ‘others’ and towards migrants. It explores the possibility that we should rather justify relevant duties from the perspective of citizenship and from within the social contract between state and citizen.

Francesca Strumia

cases

The View from the Top: Visual Intrusion as Nuisance in Fearn v Tate Gallery

In Fearn the UKSC unanimously held that visual intrusions are in principle actionable under the tort of private nuisance. This note argues that the court's landmark determination on the scope of nuisance is a welcome one. More dubious is the majority's emphasis on the ‘common and ordinary use’ of land.

Jeevan Hariharan

C v D: A Missed Opportunity to Clarify the Distinction Between Jurisdiction and Admissibility

The distinction between issues of jurisdiction and admissibility is at the heart of arbitration law due to the role it plays in defining the relationship between tribunals and the courts of the seat. C v D offered a rare opportunity for an apex court to consider the distinction between issues of jurisdiction and admissibility, and to resolve these controversies.

Shaun Matos

Redefining Compensation under International Law: the Methodology of the International Court of Justice in DRC v Uganda

The ICJ decision in Armed Activities on the Territory of the Congo is significant for the law of reparations, with the Court adopting a controversial ‘global sum’ methodology in fixing compensation which was guided by equitable considerations.

Daniel Brinkman

Anxieties about International Law: Law Debenture v Ukraine

In The Law Debenture Trust Corporation plc v Ukraine, a majority of the Supreme Court held that international law had no place in the English common law of duress and contractual defences. This note explains why, after Law Debenture, international law's reception into English law seems practically impossible.

Marcus Teo

review article

Intellectual Property Absurdism or: How I Learned to Stop Worrying and Love IP

For Bonadio and O'Connell, intellectual property is ‘excessive’ and that such excess is ‘absurd’. The article argues that excessive IP is absurd, although that is also not where IP's absurdity ends.

Patrick R. Goold

book reviews

Review of Colin King and Jennifer Hendry, Civil Recovery of Criminal Property, Oxford: Oxford University Press, 2023, 240 pp, hb £90.00

In their important book, King and Hendry employ comparative, socio-legal, doctrinal and theoretical methods to interrogate the operation and justifiability of civil recovery in Ireland and in England and Wales.

Áine Clancy

Review of Marija Jovanovic, State Responsibility for ‘Modern Slavery’ in Human Rights Law: A Right Not to Be Trafficked, Oxford: Oxford University Press, 2023, 240 pp, hb, £90.00

Jovanovic's book is an important addition to the growing legal literature on trafficking and related forms of exploitation. It establishes that human trafficking is not just a criminal act but is also a violation of a human right.

Maayan Niezna

Review of Naomi Creutzfeldt, Chris Gill, Marine Cornelis and Rachel McPherson, Access to Justice for Vulnerable and Energy-Poor Consumers: Just Energy?, Oxford: Hart Publishing, 2021, 336 pp, hb £85.00, pb £42.99

This book explicitly focuses on the experiences of vulnerable and energy-poor consumers, through an extensive empirical exploration of case studies from across a range of European countries.

Jess Mant