Police Shootings and the Role of Tort

In Ashley v Chief Constable of Sussex , the House of Lords ruled that a civil claim in trespass to the person may be sustained against an individual police officer in respect of a fatal shooting, in circumstances where the officer had already been acquitted in criminal proceedings and where liability to compensate in respect of all losses had been conceded. Two members of the majority clearly ruled that trespass torts may have a vindicatory purpose which survives a concession of liability to compensate, thus deepening the connection between tort, and the protection of fundamental rights, and suggesting an intriguing distinction between the functions of civil and criminal law.     

Choice of Law in Tort—Blending in with the Landscape of the Conflict of Laws?

The reformed choice of law in tort rules contained in the Private International Law (Miscellaneous Provisions) Act 1995 have proved a source of great controversy. This piece attempts to show that there are wider concerns fuelled by the Act. It seeks to demonstrate that one can not reform one area of the Conflict of Laws (such as choice of law in tort) in isolation from other areas (such as jurisdiction in tortious matters and choice of law in contract) and to illustrate the unsatisfactory state that the statutory reforms have had on these other areas. The analysis of the problems generated by the Act may be used as a model for a far more fundamental proposition: namely that the tendency to regard choice of law and jurisdiction as separate areas throughout the Conflict of Laws, rather than as combining to form a coherent law of international litigation, is a critical shortcoming of the study of the subject.     

Justice, at last, in the archetypical patent entitlement dispute

The Court of Appeal has held that Cinpres was not estopped fromsucceeding in its entitlement claim, despite having failed inan earlier claim concerning the related application, and isthe rightful owner of a disputed European patent.     

Short story

A case study of the Mozambican conflict is used to illustrate the need to integrate a gender perspective which is historically grounded and which encompasses social relationships between women and men rather than the existing 'impact of conflict on women' approach. This is demonstrated first by examining ways in which postcolonial states have continued constructions of gender which assign women to the private/domestic sphere and then by establishing how security in Southern Africa has been mediated by gendered constraints, whether in peace or war. The specific character of the Mozambican conflict is summarised, as are its outcomes in terms of gender relations which have intensified women's vulnerability. This is then related to an examination of the nature of some of the major humanitarian responses to the Mozambican emergency, where there was a wide divergence between stated policies on gender and practice. It is argued that this 'gender gap' is being perpetuated in some aspects of the reconstruction phase, despite women's enormous contribution to the task of rebuilding Mozambican society.