The Review

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articles

Combatting Corruption and Collusion in UK Public Procurement: Proposals for Post-Brexit Reform

Every year the UK government spends billions of pounds purchasing goods, works and services that are vital to growth, development, health and social welfare. Performed well, public procurement helps a government to nurture competition, save money, and provide better public services. These benefits will not be reaped, however, if the system is not protected adequately from distortion by corruption and/or supplier collusion. This paper concludes that additional measures are required to protect the integrity of procurement processes in England & Wales.

Alison Jones

The Challenges of Implementing Anti-Money Laundering Regulation: An Empirical Analysis

For over three decades, money laundering has been an area of concern for policymakers and law enforcement, with significant efforts undertaken at national and international levels to combat it. Drawing upon semi-structured interviews with estate agents and compliance officials, this study identifies critical aspects of AML compliance that are particularly problematic for those involved in it.

Ilaria Zavoli and Colin King

What the Fair Minded Observer Really Thinks About Judicial Impartiality

This article presents the results of an empirical study designed to assess the degree of convergence and divergence between public opinion and the fictional Fair Minded Observer (FMO) test used to determine whether a judge ought to be disqualified on the grounds of possible bias. Our results indicate that a gap exists between the FMO created by the courts and public opinion in both countries across a number of scenarios thought to give rise to possible bias, including financial relationships, the risk of prejudgement and fact patterns based on leading cases.

Andrew Higgins and Inbar Levy

legislation

The Emperor's New Code? Time to Re-Evaluate the Nature of Stewardship Engagement Under the UK's Stewardship Code

John Kingman's review of the Financial Reporting Council (FRC) doubted the effectiveness of the UK's Stewardship Code in encouraging informed and engaged stewardship by institutional investors of the companies in which they invest (issuers). Accordingly, the FRC updated the Stewardship Code in 2020 in a final bid to prove its effectiveness and relevance, and, in particular, to enhance issuer-specific engagement by institutional investors. But in relation to engagement, stewardship disclosure should focus on the types of engagement that institutional investors are motivated to exercise in practice, such as engagement in response to hedge fund activism, and engagement on systemic risks.

Bobby V. Reddy

cases

Being Conscious of Unconscionability in Modern Times: Heller v Uber Technologies

The Supreme Court of Canada held that requiring low-paid drivers to sign an Arbitration Clause removing their right to local court processes can be unconscionable and, if so, the clause is not enforceable. In this case note, it is argued that the Canadian decision opens the door for the United Kingdom to rethink the role of unconscionability and how the doctrine could apply to modern contractual arrangements.

Jodi Gardner

Automatic Facial Recognition and the Intensification of Police Surveillance

In R (on the application of Bridges) v Chief Constable of South Wales Police the Court of Appeal held the deployment of live automated facial recognition technology (AFR) by the South Wales Police Force (SWP) unlawful on three grounds. It violated the right to respect for private life; the Data Protection Impact Assessment was deficient for failing to assess the risks to the rights and freedoms of individuals processed by the system; and SWP failed to fulfil the Public Service Equality Duty by failing to assess whether or not the software used in the AFR system was biased in relation to sex and race.

Bernard Keenan

review article

book reviews

Review of Crawford, Michael J.R., An Expressive Theory of Possession, Oxford: Hart Publishing, 2020, xxii + 206 pp, hb £58.50

When will a person ‘take possession’ such that a proprietary interest arises? And why should we distribute unowned resources according to a rule of first possession,
and not some other rule? In this book, Michael J.R. Crawford adds to the
literature that examines these questions, and offers a theory of the rule that
draws upon an impressively broad array of sources, ranging from the doctrinal
to the game theoretical.

Alexander Waghorn

Review of Lim, Ernest, Sustainability and Corporate Mechanisms in Asia, Cambridge: Cambridge University Press, 2020, xix + 409 pp, hb £95.00

Ernest Lim’s Sustainability and Corporate Mechanisms in Asia is clear, eye-opening, and absorbing. It is original, perceptive and distinct from existing literature in at least three respects: moving beyond US, UK and European jurisdictions, highlighting the impact of state owned enterprises, and shifting the debate from actor-centred to one based on the effect of corporate mechanisms on sustainability.

Edmund Lee

Review of Collins, Hugh, Lester, Gillian and Virginia Mantouvalou (eds), Philosophical Foundations of Labour Law, Oxford, Oxford University Press 2018, 368 pp, hb £75.00

This book, written by leading philosophers and labour law scholars in the Anglo-Saxon world, makes a seminal contribution to the growing literature on the theory
of labour law. The discovery of the philosophical foundations of labour law is seen as a vital and to some extent existential exercise for the subject and paradigm of labour law.

Ioannis Katsaroumpas

Review of Belavusau, U. and Henrard, K. (eds), EU Anti-Discrimination Law Beyond Gender, Oxford: Hart, 1st ed, 2018, 392 pp, hb £65.00

This edited volume explores the fate of the ‘millennium directives’ – the Race Directive 2000/43/EC and the Framework Directive 2000/78/EC – which expanded the EU’s anti-discrimination law beyond gender (to race and ethnicity, religion, sexual orientation, age, and disability) and extended its scope (to access to goods and services for race). For this focus, as well as for the range and quality of its chapters, the book makes an important contribution to the literature on EU’s anti-discrimination law.

Barbara Havelková

Review of Bell, Joanna, The Anatomy of Administrative Law, Oxford: Hart Publishing, 2020, xlii + 269 pp, hb £75.00

Administrative law is a subject that has been grappling with the search for a single ‘organising concept’, a harmonising theory or, as Bell describes it, some ‘monistic’ principle that is capable of uniting the whole compass of the subject in a uniquely beautiful way. Bell’s is among an increasing number of voices suggesting not only that such an organising concept is yet to be found, but also that the search may continue to prove fruitless.

Sarah Nason

The Review

Published July 2021
Frequency Bi-Monthly
Volume 84
Issue 4
Print ISSN 0026-7961
Online ISSN 1468-2230

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