Tag: UK Law

Articles

Common Law Reasoning and Human Rights Act
20th Aug 2019
Introduction: The European Convention on Human Rights (ECHR) was envisaged to prevent the repetition of the immense Human Rights violation as experienced in ......

Inherent Jurisdiction of the Civil Court
20th Aug 2019
Introduction: The inherent power of the court to exercise its procedural jurisdiction to avoid injustice and ensure efficiency in litigation has long been ......

Dublin Convention and Immigration Law
20th Aug 2019
Introduction: The Dublin Convention came into force on 1 September 1997, providing criteria for establishing which Member State of the EU is responsible for ......

The Multi-Dimensional Concept of Insolvency
20th Aug 2019
Introduction: The literature shows a distinct lack of attention towards the very concept around which the whole area of corporate law is built, namely insolvency....

The Take or Pay Clause
20th Aug 2019
Introduction: Why do long-term take or pay contract relevant in project finance? Project finance proceeds on the fundamental principle that limits the lender ......

Discuss the UK Constitution
20th Aug 2019
Introduction: The United Kingdom has no constitution set down in a fully written legal document; however this is not to say that the United Kingdom lacks......

The Advantage of the UK Constitution
20th Aug 2019
Introduction: The UK has an unwritten constitution, meaning Britains laws and policies are developed through statutes, common law, convention, as well as the .......

Pure Economic Loss
20th Aug 2019
Introduction: Pure economic loss is financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property....

Do Courts Ensure Fairness of Contracts
20th Aug 2019
Introduction: To what extent, if any, can the courts ensure the fairness of contracts by inserting implied terms? Fairness of contracts can be defined in two ......

Royal Prerogative Power of Mercy
20th Aug 2019
Introduction: “Previously, judges refused to review how the Royal Prerogative power of mercy was used. This was clear from the speech of Lord Roskill in ......

Legal Case Study: A Free On Board Contract
20th Aug 2019
Introduction: This will examine the jurisdiction for enforcement of the contract, any rights of rejection of the goods, and the passing of risk in the goods....

Path to a Successful Derivative Action
20th Aug 2019
Introduction: THE path to a successful derivative action for a minority shareholder is often a difficult one. In addition to demonstrating that one of the exceptions to the rule in Foss v. Harbottle applies, the courts have tended to add a number of additional requirements....

The Protection of Individual Rights in UK
20th Aug 2019
Introduction: The Human Rights Act 1998 is the Labour party incorporation of the European Convention on Human Rights into United Kingdom law.1The principle ......

Single Written Document, Called Constitution
20th Aug 2019
Introduction: Most countries have their basic principles embodied in a single written document, called ‘constitution’. British constitution is unusual because it doesn’t have the form of a single written document...

European Convention and Law of Defamation
20th Aug 2019
Introduction: Reputation is so important that the English law has made a law of defamation to protect the individual from having his/her reputation lowered ......

The Tort of Negligence
20th Aug 2019
Introduction: The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk....

Do Judges Make Law
20th Aug 2019
Introduction: “Although judges have traditionally seen themselves as declaring or finding rather than creating law, and frequently state that making law is ......

Interpret a Statute Due to Disputes
20th Aug 2019
Introduction: Courts may be called upon to interpret a statute due to disputes over the meaning of a word or phrase contained within a statute. These disputes ......

The Separate Entity Principle
20th Aug 2019
Introduction: The Separate Entity Principle is a fundamental principle of Company Law applied on a global basis. Pursuant to this principle, a company is treated as a distinct entity from its members....

The Transfer of Ownership of the Property
20th Aug 2019
Introduction: Discuss the concept of the separate legal personality of the registered company, and, with reference to relevant case law, discuss the circumstance......

Conception of the Rule of Law
20th Aug 2019
Introduction: Explain the differences in the legal analysis of the same facts in the following related cases and analyse the conception/s of the rule ......