Buckland v Bournemouth University Higher Education Corp: Statutory Constructive Dismissal and the Implied Term of Mutual Trust and Confidence

The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law and statutory regulation of the contract of employment. However, its significance does not end there, since it offers wider insights into the relationship between common law and statute law, as well as the English and Scots law of contract generally.     

Extending the Confusion About Bayes

In R v T [2010] EWCA Crim 2439, [2011] 1 Cr App Rep 85, the Court of Appeal indicated that ‘mathematical formulae’, such as likelihood ratios, should not be used by forensic scientists to analyse data where firm statistical evidence did not exist. Unfortunately, when considering the forensic scientist's evidence, the judgment consistently commits a basic logical error, the ‘transposition of the conditional’ which indicates that the Bayesian argument has not been understood and extends the confusion surrounding it. The judgment also fails to distinguish between the validity of the relationships in a formula and the precision of the data. We explain why the Bayesian method is the correct logical method for analysing forensic scientific evidence, how it works and why ‘mathematical formulae’ can be useful even where firm statistical data is lacking.     

Teleological Interpretation and Land Law

It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive] (Chitty on Contracts, 27th ed, 1994, vol 1, at 14–091).     

Restrictive convenants in the sale of a business: An economic perspective

It is no doubt true that the scope of a doctrine [restraint of trade] which is founded on public policy necessarily alters as economic conditions alter. Public policy is not a constant (Lord Macmillan in Vancouver Malt & Sake Brewing Co. v. Vancouver Breweries Ltd. [1934] A.C. 181 (P.C.) at 189).     

Changing the meaning of ‘vulnerable’ under the homelessness legislation?

The Supreme Court judgement in Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] 2W.L.R. 1341 appears to have significantly altered prevailing understandings of the meaning of ‘vulnerability’ within the homelessness legislation’s concept of priority need. This paper analyses Hotak’s doctrinal effects, and questions both the adequacy of the court’s reasoning and the likelihood of those formal doctrinal changes leading to a concomitant alteration to the content of the decisions that local authorities reach.     

Delaney and the Motor Vehicle Insurance Directives: lessons for the teaching of EU law

A recent series of cases relating to the EU Motor Vehicle Insurance Directives and their application in the UK makes for interesting reading. It is the UK’s negligent transposition, and a lack of knowledge and awareness by lawyers and judges in the cases of the interaction between domestic and EU law, which compounds the negative effects. The issues raised in Delaney v Pickett [2011] and Delaney v Secretary of State [2014] do not just generate concern as to the implications they have for the application of EU law principles, but have resonance with the way in which EU law is taught in many universities. In this article we suggest that reconsidering the method and purpose of EU teaching may better serve the EU-lawyers needed for the future.     

The Validity of Ear Prediction Guidelines Used in Facial Approximation*,†,‡

Abstract: This study examined eight previously published ear prediction methods by Welcker, Gerasimov, Fedosyutkin and Nainys, and Broadbent and Mathews. Computed tomography scans of 78 living adults (n₁) did not support any of these previously published recommendations. Free earlobes were found to accompany protruding supramastoid crests (Pearson’s χ² < 0.05); and ear length [l] and width [w] differed by sex (p < 0.05), correlated with age (r = 0.38[l]; 0.32[w]), and correlated with facial height (r = 0.37[l]; 0.30[w]). New regression equations (for ear length and width) were generated using these variables in several samples and, where possible, cross‐validated using independent data (n₁ = 78, n₂ = 2190, n₃ = 1328, n₄ = 1010, and n₅ = 47). As a result of these analyses, four valid and tested methods for ear prediction were identified, but large degrees of error continue to make accurate prediction of the ear, from the skull, problematic.     

Edwards v Chesterfield Royal Hospital – Parliamentary Intention and Damages Caused by Maladministration of a Contractual Dismissal Procedure

In Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 [2012] 2 W.L.R. 55 the Supreme Court addressed the following question: is an employee, who can establish that (a) if a contractual disciplinary process had been correctly administered he would have been exonerated, and (b) thereafter employed until retirement, able to sue for loss of the earnings that he would have acquired until retirement? Three members of the Supreme Court held that such a remedy was not reconcilable with the enactment, originally in the Industrial Relations Act 1971, of a statutory unfair dismissals protection regime. It was Parliament's intention that an employee should not be able to outmanoeuvre the statute's compensation limitation rules by deploying a superior common law remedy. This note considers that reading of Parliament's intention.     

The Defeat of Shabina Begum in the House of Lords

The Court of Appeal last year delivered a well-publicised judgment declaring that now 17-year-old Shabina Begum had been unlawfully excluded from Denbigh High School when she insisted on wearing the Islamic ‘jilbab’ ([2005] EWCA Civ. 199; [2005] 1 W.L.R. 3372; [2005] 2 All E.R. 396 (Judgment of 2 March 2005); The Times, 4 March 2005, at p. 85. See also J. Gau, “Muslim Dress – School Exclusion – Human Rights”, Ecclesiastical Law Journal 8/37 (2005), pp. 239–240.). The dispute received huge national and international press coverage, but on Wednesday 22nd March 2006, in a remarkable u-turn, the House of Lords overturned the Court of Appeal’s decision on all counts (R (On the Application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15 (Judgment of 22 March 2006); The Guardian, 23 March 2006, at p. 6; and The Independent, 23 March 2006, at p. 4. Members of the Appellate Committee were Lord Bingham of Cornhill; Lord Nicholls of Birkenhead; Lord Hoffmann; Lord Scott of Foscote and Baroness Hale of Richmond.). The reversal meant Shabina’s Article 9 right to manifest a belief had not been violated by the school. This analysis will briefly examine the reasoning behind their Lordship’s judgment and will provide a short commentary on the likely effect the decision will have on religious groups wishing to wear religious symbols in UK schools. LLB (Hons), LLM, Cert. Ed. Mohammad Idriss is Senior Lecturer in Public Law at Coventry University, United Kingdom and is a PhD Candidate at the University of Birmingham; M.Idriss@Coventry.ac.uk     

Choice

In publishing this article by Sergei Chuprinin, the editorial board [of Znamia] hopes to begin a discussion of possible paths of spiritual, social, and ideological self-definition by the individual in post-totalitarian Russia. We propose to continue this debate on our pages with statements from well-known publicists, political scientists, public and political figures, and representatives of the creative intelligentsia and business circles.     

Islam,Politics, and the Security of Central Asia

The editors of Novyi mir [New World] received many hundreds of letters following publication of the article "Advances and Debts" [Avansy i dolgi].* Roughly nine-tenths of them supported the author's positions; one-tenth were partially or entirely opposed. Many of the letters raised very acute issues and serious problems concerning perestroika [restructuring] which require the most painstaking reflection and discussion. The editors have accordingly called upon N. Shmelev to share with the readers his thoughts upon reading the mail received in response to his article.     

An evolving technology-transfer system in an R&D consortium: The EPRI approach

The Electric Power Research Institute (EPRI) is a consortium of utility companies whose existence depends on member perceptions that valuable technologies and information have been developed and transferred. This paper outlines eight issues that EPRI, after 17 years of operation had determined to be critical in transferring technology: [1] establishing a perception of value received, [2] creating a sense of full partnership, [3] balancing the R&D portfolio with projects for different members, [4] packaging results for easy understanding and use, [5] reducing information overload by using targeted media, [6] assuring that members have the needed infrastructure to receive and process transfer, [7] integrating EPRI's R&D program with those of the members, and [8] monitoring impact to be sure that value is being received.     

Two-Year Reliability of the Propensity for Abusiveness Scale

The Propensity for Abusiveness Scale (PAS; Dutton [1995a] J. Fam. Violence 10[2]: 203–221) has been shown to correlate with both physical and psychological abuse in a variety of samples including gay men, assaultive males, and male and female college students (Clift, 2001; Dutton et al., 2001). For the current study, 27 male and 37 female university students completed the PAS during the 1998–1999 and the 2000–2001 school years. A 2-year test–retest reliability coefficient of r = .851 was found for women and a reliability coefficient of r = .629 was found for men. The combined sample had a reliability coefficient of r = .774. Moderate test–retest reliability coefficients were also found for each of the subscales.     

The Newspaper Died of Chauvinism

The Novosibirsk Oblast Court terminated the activity of the newspaper Russkaia Sibir' [Russian Siberia] in satisfaction of a suit brought by the procurator of the oblast Vladimir Tokarev. It was established that a number of items published in this periodical "justify the necessity for and call for the commission of acts that incite nationality-based and religious hatred, as well as denigrate national dignity." In Novosibirsk oblast, this is the first instance in which a newspaper has been officially held to be extremist and its activity terminated.     

The Rule in Wilkinson v Downton: Conduct,Intention, and Justifiability

The decision in OPO v MLA [2014] EWCA Civ 1277 causes confusion to the rule in Wilkinson v Downton. A strong line of authorities indicates that the defendant must either have an actual intention to cause physical injury or be reckless as to the causing of such harm, the latter being determined by the likelihood of harm being caused by the defendant's act. ‘Imputed intention’ does not form a separate category of mental state. There was also a missed opportunity to develop a ‘justifiability’ criterion, by which policy considerations can be taken into account to preclude an application of the tort. This criterion ought to be developed in a principled manner, in line with the existing jurisprudence concerning human rights and with the policy limitations as developed in the context of other torts.     

Not a Virtual Jail Term: Author of Internet Site Gets Five Years

Yesterday the author of the [Web] site "Caucasus Center," Boris Stomakhin, was sentenced to five years for calls for extremism and the incitement of religious hatred.     

The Fantasies of a Skinhead: Extremism

The procurator of Kurgan has sent a case to court concerning the creator of the [Web] site "Kurgan skinheads." For two years the accused resident of Kurgan posted articles and verse with a nationalist content on the international Web.     

Rectifying the Course of Rectification

In Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153, the majority of the Court of Appeal held that a contract should be rectified because of a common mistake. This note discusses that decision and recent developments in the law of rectification. It is argued that the approach of the majority in Daventry is unsatisfactory, and that an emphasis upon ascertaining whether the parties have objectively made a common mistake may be inappropriate: rectification should only be granted in order to reflect the parties’ subjective intentions. Such an approach might help to distinguish common mistake rectification from unilateral mistake rectification.     

The Possibility of Lawful Act Economic Duress: Pakistan International Airlines Corp v Times Travel (UK) Ltd

The voidability of a contract procured by ‘economic duress’ is now well-established, but the precise boundaries of the doctrine remain contested. In Pakistan International Airlines Corp v Times Travel (UK) Ltd [2021] UKSC 40, the Supreme Court confronted the longstanding controversy as to whether a threat to perform a lawful act can provide grounds for a threatened party to avoid a contract for economic duress. This note argues that the Court's decision to affirm the existence of ‘lawful act duress’ is welcome. It is further argued that the specific kind of lawful act duress identified by the majority and relevant to determining the appeal, described as ‘deliberate maneuvering via illegitimate means’, provides helpful (and defensible) clarification of the content of this doctrine, and that the Court was correct to hold that the contract in Times Travel was not voidable on this basis.