The Wasted Costs Jurisdiction

The wasted costs jurisdiction is flawed for six reasons, based on an analysis of all reported cases in the last nine years and five years of statistics provided by the Bar Mutual Insurance Fund Limited, and despite the guidance laid down by the Court of Appeal in Ridehalgh v Horsefield [1994] Ch 205. First, it is very costly proportionate to the amount recovered. Secondly, judges can initiate a wasted costs enquiry, which is unfair and even more disproportionately costly. Thirdly, it is procedurally complex. Fourthly, it is unpredictable whether the client will waive privilege, and what the consequences will be whether or not privilege is waived. Fifthly, it is not possible for solicitors and barristers to make contribution claims against each other. Sixthly, it is mostly used against lawyers representing legally aided litigants from whom costs cannot be recovered.     

Les échevins et la formulation des politiques: Note méthodologique

Sommaire. Cet article examine la question du rǒle des échevins dans la formulation des politiques municipales, tout particulièrement les aspects méthodolo-giques de la question. Dans une première section, nous démontrons que la plupart des études qui ont analysé le rǒle des échevins n'ont pas réussi à ex-pliquer l'output municipal. L'échec s'explique par le fait que ces études privi-légient à peu près exclusivement les attitudes des échevins et n'accordent que peu de place aux comportements et au contexte objectif et concret dans lequel les échevins travaillent. Dans une deuxième section nous démontrons, à partir du cas de Hull, comment une étude des conditions concrètes de travail des échevins peut nous éclairer sur la formation des politiques municipales. Cette etude des ‘ faits matériels » du monde des échevins souligne l'importance des administrateurs municipaux. Les décisions du Conseil municipal ne relevent que très peu de considérations abstraites et ces décisions sont prises dans un cadre donné, un cadre en bonne partie façonné par les administrateurs municipaux. En somme, la principale conclusion qui nous semble émerger de l'étude, c'est l'importance, pour bien saisir le rǒle de l'échevin dans la formulation des politiques, de situer ce rǒle dans sa pratique quotidienne. Abstract. This article examines the question of the role of municipal councillors in the formulation of public policy, with particular emphasis on the methodological dimension of this question. In a first section the authors show that most of the studies that have examined the role of municipal councillors have not succeeded in explaining the municipality's policy output. This failure can be explained by the fact that these studies look principally at the attitudes of the councillors and give very little attention to behaviour or to the real environment in which the councillors work. In a second section we attempt to show, based on the example of Hull, how a study of the concrete working conditions of municipal councillors can illuminate the process of policy formulation. This study of the councillors' ‘real world’ illustrates the importance of the municipal administrators. Council decisions are not taken in the abstract, they emerge from a specific context or framework and this framework is largely structured by the municipal administrators. The major conclusion that emerges from the study is the importance, in order to understand the role of municipal councillors in policy-making, of situating this role in the context of the day-to-day work of the councillors.     

Studying the New Constitutionalism: bringing political science back in

Books reviewed in this article:
R. Blackburn, and R. Plant, (eds) Constitutional Reform. London and New York
M. Foley, The Politics of the British Constitution
R. Hazell, (ed.) Constitutional Futures: A History of the Next Ten Years
K. Sutherland, (ed.) The Rape of the Constitution?     

Cancellation of a trade mark based on a prior foreign geographical indication related to different products

The registration and the use of a composite trade mark includinga famous geographical indication (GI), for products differentto those covered by the GI, are acts of unfair competition insofaras they allow the trade mark owner to free-ride on the GI'sreputation, causing its dilution.     

ADOLESCENT DRUG USERS: THE JUSTICE SYSTEM IS MISSING AN IMPORTANT OPPORTUNITY

A significant number of youth and young adults who use drugs have fallen through the cracks of our juvenile and adult justice systems in terms of receiving any meaningful services. The situation is due to a number of factors, including the reliance on adolescent self reporting utilized by most of the research, the failure of justice and other systems to routinely assess youth for either current drug use or indicia of drug use (e.g., "resiliency" or "protective" factors), and confidentiality and other restrictions pertaining to access to juvenile justice system information. Yet, retrospective reviews of drug use patterns for adults in the criminal justice system make it clear that drug use is beginning for most of these offenders during adolescence or before. This article urges (1) juvenile courts to develop mechanisms for systematically screening youth who come into the system for drug use and/or propensities for drug use and (2) adult courts to embark on similar strategies and to develop adolescent tracks that would be geared to providing the services these youth (despite their chronological age) need and would otherwise not receive in the adult system.     

Biological and DNA evidence in 1000 sexual assault cases

Using a Filemaker-based database (DNA Pro-FILES, Synchrone Infosystème Inc.), we have conducted a large-scale study on 1000 sexual assault (SA) cases where a standardized kit was submitted to our laboratory alone or with other types of exhibits. We looked at the likelihood of obtaining good quality DNA evidence, allegedly from the assailant, according to a number of parameters.The overall proportion of SA cases with DNA evidence is nearly 50%. A little more than 30% of SA kits provided DNA evidence while for 16% of cases DNA evidence could be obtained only from other exhibits.The likelihood of obtaining DNA evidence is approximately 50% in teenager and adult SA cases, but much lower for children 10 years old or younger (15%). In children cases, profiles were found mostly on clothing or skin swabs.The likelihood of obtaining DNA evidence from vaginal swabs remains good for up to 3 days after the assault (from 35% on the first day to 23% on the third day). A DNA profile was obtained from approximately 22% of anal/rectal swabs and 41% of skin swabs taken less than 1 day after the assault. Less than 10% of oral washes provided DNA evidence, all having been collected within 24 h of the assault.We found that in bodily samples, a negative result for acid phosphate (AP) is a poor predictor of the likelihood of obtaining good quality DNA evidence. Approximately 15% of vaginal swabs and 8% of anal swabs negative for AP nevertheless provided good quality DNA evidence.     

The Recovery of Latent Fingermarks from Evidence Exposed to Ionizing Radiation*

Abstract: Continual reports of illicit trafficking incidents involving radioactive materials have prompted authorities to consider the likelihood of forensic evidence being exposed to radiation. In this study, we investigated the ability to recover latent fingermark evidence from a variety of substrates that were exposed to ionizing radiation. Fingermarks deposited on common surfaces, including aluminum, glass, office paper, and plastic, were exposed to doses ranging from 1 to 1000 kGy, in an effort to simulate realistic situations where evidence is exposed to significant doses of radiation from sources used in a criminal act. The fingermarks were processed using routine fingermark detection techniques. With the exception of glass and aluminum substrates, radiolysis had a considerable effect on the quality of the developed fingermarks. The damage to ridge characteristics can, in part, be attributed to chemical interactions between the substrate and the components of the fingermark secretions that react with the detection reagents.     

The effect of sexual priming cues on emotional recognition in nonviolent child sexual abusers: a preliminary study

This article describes a study that used a computer-based task to investigate the emotional recognition skills of child sexual abusers. The experiment consisted of two phases (prime and probe) and measured both response time and error rates to facial expressions. The priming phase of the experiment consisted of the presentation of short phrases via computer of either sexual or neutral content. The probe phase of the experiment consisted of the presentation of adult facial expressions depicting either the emotion fear or surprise. Results showed child sexual abusers to be slightly less accurate overall. Furthermore, contrary to prediction, the effect of sexual priming appeared to make child sexual abusers actually better at recognizing fearful faces (p = .055). This result is discussed in relation to current victim empathy theory and treatment implications for sexual offenders.