Section 994 of the Companies Act 2006 and the Primacy of Contract

The Court of Appeal's decision in Fulham Football Club (1987) Ltd v Richards & Anor is both of interest and significance. By embracing the idea of the parties’ ability to ‘contract out’ of their statutory right to petition the court for relief under section 994 of the Companies Act 2006 (the so‐called ‘unfair prejudice’ remedy), their Lordships have not only contrived to stunt the future development of unfair prejudice as a minority shareholder remedy but, and more importantly for the purposes of this case note, their decision has reasserted and extended the contractual analogy in modern UK company law.     

Marriage at the intersection between tradition and globalization: Turkish marriage migration between Emirdag and Belgium from 1989 to present

In this paper, we will investigate the popularity of marriage migration between Turkish communities in Western Europe and emigration regions in Turkey. Our focus here is specifically on the Belgian case, namely the ‘Emirdag connection’. In Belgium, the majority of immigrants with a Turkish background come from the region of Emirdag, in the province of Afyon. On the basis of quantitative research methodologies, we first consider the magnitude of the phenomenon and the socio-economic situation of those involved. Using the qualitative research techniques of participant observation and in-depth interviews, we analyze the mechanisms in an attempt to explain marriage migration between these regions. Why do so many young people, born and raised in Western Europe, opt for an unknown partner from a region that is largely unknown to them but which proves to be their parents', or even grandparents', region of origin? Why does migration remain such a valuable life project for many young people in these regions of origin, despite the real danger of many negative side effects? The popularity of marriage migration is often explained by its role in making migration possible. However, migration theories alone cannot explain this phenomenon. Here we will argue that the existence of a ‘culture of migration’ that binds the region of origin with the region of destination and in which ‘the family’ as an institution is capable of building a bridge between traditional praxis, as well as the challenges linked to international migration, are crucial for understanding the enduring popularity of marriage migration.     

Incitement to Religious Hatred and the ‹Symbolic’: How Will the Racial and Religious Hatred Act 2006 Work?

This article examines the new offence of inciting religious hatred under the Racial and Religious Hatred Act 2006. A historical analysis of existing provisions aimed at legislating against racial hatred and blasphemy is adopted, in order to determine whether the creation of this new offence is justified and necessary. We conclude that although the new offence may fulfil an important symbolic role in a post September 11th environment, in its current form the legislation has not taken sufficient account of the precedent of racial hatred and blasphemy laws, or of more general questions about the criminalisation of hatred.     

‘Supportive Parenting’, Responsibility and Regulation: The Welfare Assessment under the Reformed Human Fertilisation and Embryology Act (1990)

Section 13(5) of the Human Fertilisation and Embryology Act 1990 requires fertility clinics, before offering regulated treatment services, to take account of the welfare of any child who may be born as a result of the treatment and any other child affected by that birth. This paper presents the findings of an empirical study examining the impact on practice of the controversial reform of this section in 2008. While the broad values underpinning section 13(5) appear well embedded in clinic staff's engagement with ethical issues, there is little evidence that practice has been influenced by the 2008 amendments. A complex picture emerged regarding the implementation of section 13(5), particularly in its interaction with other factors, such as funding criteria and professional norms around counselling, implying a higher level of ongoing attention to likely parenting ability – particularly that of single women – than might be expected from a reading of the statute and guidance alone.