Legislation and the Role of the Judiciary · 2B Shona Wilson Stark (Cambridge) Facing facts: Judicial approaches under the Human Rights Act 1998 2C Katja Ziegler (Leicester) The EU

1

SLS 2016 Annual Conference

Legislation and the Role of the Judiciary

Provisional Programme

St Catherine’s College, University of Oxford

Tuesday 6th

– Friday 9th

September 2016

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Keynote Speaker Initiative

In recent years the SLS Executive Committee has expressed concern that, in some subject

sections, a better mix of experienced and junior presenters at the annual conference would

enhance the academic experience for everyone. While we are keen to continue to encourage

early career academics to present at the annual conference, they can be helped by the

guidance and ‘role model’ provided by seeing and hearing senior academics in action. With

this in mind, a number of senior academics were approached to ask if they would be willing

to assist this initiative by being ‘keynote speakers’ in their subject sections. We are most

grateful that the following have accepted that invitation for this conference.

Andrew Burrows

(SLS President 2015-16)

SECTION A SECTION B

Dapo Akande (Oxford) Trevor Allan (Cambridge)

Emilios Avgouleas (Edinburgh) Vernon Bogdanor (KCL)

Lionel Bently (Cambridge) Alan Bogg (Oxford)

Sue Bright (Oxford) Jane Ching (Nottingham Trent)

Dave Campbell (Lancaster) Cathryn Costello (Oxford)

Hugh Collins (Oxford) Anne Davies (Oxford)

Graeme Dinwoodie (Oxford) John Eekelar (Oxford)

Lorna Fox-O’Mahoney (Essex) John Ford (Aberdeen)

Conor Gearty (LSE) Judith Freedman (Oxford)

Tom Gibbons (Manchester) John Gardner (Oxford)

Louise Gullifer (Oxford) Adam Gearey (Birkbeck)

Laurence Gormley (Groningen) Stephen Gilmore (KCL)

Jonathan Herring (Oxford) John Jackson (Nottingham)

Nicholas Hopkins (Law Commission) Dora Kostakapoulou (Warwick)

Neil Jones (Cambridge) Maria Lee (UCL)

Daithi Mac Sithigh (Newcastle) Ian Lloyd (Southampton)

Jose Miola (Leicester) Peter MacDonald Eggers QC

Jonathan Morgan (Cambridge) Paul Maharg (ANU)

Aoife Nolan (Nottingham) Donal Nolan (Oxford)

Dan Sarooshi (Oxford) Ken Oliphant (Bristol)

Chantal Stebbings (Exeter) Rebecca Probert (Warwick)

David Sugarman (Lancaster) Chris Reed (QMUL)

Graham Virgo (Cambridge) Colin Reid (Dundee)

Simon Whittaker (Oxford) Karen Yeung (KCL)

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Provisional Programme Summary

(For the division of subject sections into A and B, see end)

Tuesday 6th

September 2016

9.30 – 12 noon [Prior event: British Association of

Comparative Law Annual Seminar

‘Professor Bernard Rudden: comparativist,

legal scholar, polymath’]

10.30 – 18.00 Registration and Enquiry Desk Open

12.30 – 14.00 Seated Buffet Lunch and Publishers’

Exhibition

Dining Hall and

JCR Hub

13.30 – 14.00 Poster Session: Subject Sections A

JCR Hub

14.00 – 15.30 Subject Sections A1

15.30 - 16.00 Afternoon Refreshments and Publishers’

Exhibition

JCR Hub


17.45 – 18.50 Drinks Reception at Magdalen College

19.15 – 21.00 Served Dinner

Dining Hall

21.00 – 21.45 Birks Book Prize (2015) Session

Chair: Professor Dan Sarooshi (Oxford)

Dr Katja Samuel (University of

Reading) ‘The OIC, the UN, and

Counter-Terrorism Law-Making’

Wednesday 7th

September 2016



10.30 – 11.00 Morning Refreshments and Publishers’

Exhibition

JCR Hub

4

11.00 – 12.30

Plenary 1: Modern Statutory

Interpretation

Chair: Lady Justice Arden

Professor John Bell (Cambridge), Lord

Justice Sales, Daniel Greenberg (former

Parliamentary Counsel)

Main Lecture

Theatre

12.30 – 14.00 Seated Buffet Lunch, Publishers’

Exhibition

Dining Hall and

JCR Hub

13.30 – 14.00

Poster Session: Subject Sections A JCR Hub


15.30 – 16.00

Afternoon Refreshments and Publishers’

Exhibition

JCR Hub

16.00 – 17.30 Plenary 2: ‘Legislation or judicial law

reform: where should judges fear to

tread?’

Chair: Lord Justice Beatson

Keynote Address: Baroness Hale of

Richmond

Reply: Professor Robert Stevens

(Oxford)

Main Lecture

Theatre

18.15 – 22.30 Drinks and Annual Conference Dinner at

Lady Margaret Hall (Dinner at 19.00)

Thursday 8th

September 2016


9.00 – 10.30 SLS AGM and Council Meeting

Main Lecture

Theatre


Exhibition

JCR Hub

11.00 – 12.30

Subject Sections B1

12.30 – 14.00

Seated Buffet Lunch, Publishers’

Exhibition

Dining Hall and

JCR Hub

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13.30 – 14.00 Poster Session: Subject Sections B

JCR Hub

14.00 – 15.30 Subject Sections B2

15.30 – 16.00 Afternoon Refreshments and Publishers’

Exhibition

JCR Hub

16.00 – 17.30 Plenary 3: The Present and Future

Work of the Law Commissions

Chair: Judge Elizabeth Cooke

Lord Justice Bean (Chair of the Law

Commission for England and Wales),

Lord Pentland (Chair of the Scottish

Law Commission), Professors Ormerod,

Hopkins, and MacQueen.

Main Lecture

Theatre

17.45 – 18.50 Drinks Reception at All Souls College

19.15 – 21.00 Served Dinner

Dining Hall

21.00 – 21.45 Early Careers Session: Getting

Published

Professor Imelda Maher (Editor of

Legal Studies) and Sinead Moloney

(Hart)

Friday 9th

September 2016




Exhibition

JCR Hub


12.30 – 14.00 Seated Buffet Lunch, Publishers’

Exhibition

Dining Hall and

JCR Hub

6

Division of Subject Sections into A and B

Section A: 6th

and 7th

September 2016

Banking and Financial Services; Civil Liberties and Human Rights; Company; Comparative;

Contract, Commercial and Consumer; EU & Competition; Intellectual Property;

International; Legal History; Media; Medical; Open A; Property and Trusts; Restitution.

Section B: 8th

and 9th

September 2016

Criminal Justice; Cyberlaw; Environmental; Family; Jurisprudence; Labour; Legal

Education; Maritime; Migration; Open B; Practice, Profession and Ethics; Public; Tax; Torts.

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Section Programme Index

Section A: Tuesday 6th

and Wednesday 7th

September Page

Banking & Financial Services Law 9

Civil Liberties & Human Rights 11

Company Law 13

Comparative Law 15

Contract, Commercial & Consumer Law 17

EU & Competition Law 19

Intellectual Property 21

International Law 22

Legal History 24

Media & Communications Law 26

Medical Law 28

Open A 29

Property & Trusts 31

Restitution 32

Posters A 33

Section B: Thursday 8th

and Friday 9th

September

Criminal Justice 36

Cyberlaw 38

Environmental Law 40

Family Law 41

Jurisprudence 43

Labour Law 44

Legal Education 45

Maritime Law 47

Migration & Asylum Law 48

Open B 50

Practice, Profession & Ethics 52

Public Law 53

Tax Law 55

Torts 56

Posters B 57

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SECTION A

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BANKING & FINANCIAL SERVICES LAW

Convenor: Christopher Hare (Oxford)

Session 1: Tuesday 6th September 14.00-15.30

Bank Regulation 1

1A Emilios Avgouleas (Edinburgh) Asset Bubbles and Monetary Policy: Can we hold the

Central Bank Liable for Financial Instability?

1B Elizabeth Howell (Cambridge) ESMA: The “Watchdog” of Credit Rating Agencies in

the EU

1C Luca Enriques (Oxford) & Matteo Gargantini (Max Planck) The Overarching Duty to

Act in the Best Interests of Clients in MiFID II: Scope, Contents, Implications


Bank Regulation 2

2A Vincenzo Bavoso (Manchester) Capital Markets, Debt Finance and the EU Policy

Design: What has been learnt from past Crises?

2B Holly Powley (Bristol) Hidden Profiles: Identifying Risk in the Banking Sector

2C Jay Cullen (Sheffield) Liquidity, Mortgage Markets and the Capital Markets Union: A

Regulatory Analysis

Session 3: Wednesday 7th September 09.00-10.30

Banking, Lending and Security

3A Louise Gullifer (Oxford) When is an ROT sale a ‘sale’? A tale of Caterpillars,

Bunkers and the Supreme Court

3B Duncan Sheehan (Leeds) The Effect of an English Personal Property Security Act on

the Nemo Dat Principle

3C Sandra Booysen (National University of Singapore) Who is a Customer?


International and Comparative Banking Law

4A Frederico Lupo-Pasini (QUB) Do we Need an International Financial Court? The

Law and Economics of Adjudication in Cross-Border Financial Disputes

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4B Burcu Yuksel (Aberdeen) Choice of Law Problems in Connection with Electronic

Funds Transfer

4C Tom Burns (Aberdeen) Asset and Security Transfers in Scotland and France and the

likely impact of the draft EU Securitisation Regulation

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CIVIL LIBERTIES & HUMAN RIGHTS

Convenor: Ruvi Ziegler (Reading)


The European Court of Human Rights and Democratic Legitimacy

1A Conor Gearty (LSE) Dangerous, daring or different? The European Court of Human

Rights at a time of democratic anxiety

1B Dimitrios Tsarapatsanis (Sheffield) Reading the ECHR Politically: the Example of the

Lautsi Saga

1C Carmen Draghici (City) The Democratic Rivalry Between Legislatures and Courts: A

Strasbourg Reappraisal?

1D Tamas Gyorfi (Aberdeen) The Enlightenment View of Reason and the legitimacy of

the European Court of Human Rights


The role(s) of national courts

2A Po Jen Yap (Hong Kong University) New Democracies and Novel Remedies

2B Shona Wilson Stark (Cambridge) Facing facts: Judicial approaches under the Human

Rights Act 1998

2C Katja Ziegler (Leicester) The EU Charter of Fundamental Rights in English Courts

2D Gavin Phillipson (Durham) Horizontality and the proposed British Bill of Rights


Freedom of/from religion and non-discrimination

3A Lucien Dhooge (Georgia Institute of Technology) The Equivalence of Religion and

Conscience

3B Megan Pearson (Winchester) "Gay Cakes", Freedom of Expression and

Discrimination Law

3C Ilias Trispiotis (Leeds) Two Birds With One Stone: The Relationship between

Freedom of Religion and Freedom from Religious Discrimination under the ECHR

3D Jane Norton (Auckland) Religious education and the option of exit

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Privatisation, Poverty and (Socio-economic) Rights

4A Aoife Nolan (Nottingham) Privatisation and Human Rights

4B Michael Dafel (Cambridge) The socio-economic rights obligations of private

individuals and entities in South Africa

4C Annapurna Waughray (Manchester Metropolitan) The Case of Caste and the Equality

Act 2010

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COMPANY LAW

Co-convenors: Lorraine Talbot (York) and Roseanne Russell (Cardiff)


1A Blanaid Clarke (Trinity College Dublin) Public Interest Directors - Learning from the

Irish Experience

1B Deirdre Ahern (Trinity College Dublin) What to Do? Public Interest Director

Appointments in Nationalised Banks: A Post-Financial Crisis Review of Role

Delineation and Fiduciary Duties

1C Michelle Welsh and Helen Anderson (Monash University) The Public Enforcement of

Sanctions against Illegal Phoenix Activity: Scope, Rationale and Reform


2A John Armour (Oxford) Derivative Actions: A Framework for Decisions

2B Neshat Safari (City) A blended approach to derivative litigation costs: Some lessons

from the United States and New Zealand

2C Konstantinos Sergakis (Glasgow) Shareholders Going Long and Short: Corporate

Governance under Threat?


3A Susan Watson (Auckland) Corporate Legal Personality

3B Daniel Attenborough (Durham) Company Law’s “Everything and Nothing” Paradox

3C Janice Denoncourt (Nottingham Trent) Corporate Disclosure of Intellectual Property

Assets: A Comparative System Evaluation of International Trends


4A Christian Witting (QMUL) Designing Corporate Group Liability

4B Paul Beckett (MannBenham Advocates Ltd) Beneficial ownership of companies –

G20 High Level Principles - a paper tiger?

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4C Christopher Riley (Durham) A shareholder’s liability for her company’s torts: should

it be strict (vicarious) or duty-based?

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COMPARATIVE LAW

Co-convenors: David Marrani (Institute of Law, Jersey) and Greta Bosch (Exeter)


1A Simon Whittaker (Oxford) Unfair Terms in Commercial Contracts and Competition:

French and English Law Contrasted

1B Olivier Beddeleem (EDHEC Business School) The role of Judiciary in shaping the

legal transplant of Good faith in English law

1C Jonathan Fritz (Vienna University of Economics and Business) The Austrian

Takeover Act as a Contemporary Legal Transplant


2A Mitja Kovac (University of Ljubljana) The rise of the mail-box rule and formation of

contracts in English, French and German law

2B Martin Brenncke (Oxford) Stretching the limits of statutory interpretation: How

English and German Courts interpret national legislation in conformity with EU

directives

2C Lucy Jewel (University of Tennessee) Healing Alternatives: Neuro-Rhetoric Explains

the Need for a Comparative Approach to Rhetoric in Law


3A Jane Ball (Newcastle) Build it and they will come? How revived courts coped with

individual property in the early 19th century

3B Jaroslaw Turlukowski (University of Warsaw) Judicial independence or a predictable

judiciary: the wrong question or a difficult choice?

3C Catherine Pedamon (Westminster) The Role of the Judiciary in the newly Reformed

French Contract Law: A comparison with English law


4A Antonia Baraggia (University of Milan) Legislation and the judiciary in time of crisis:

the case law on austerity measures in comparative perspective

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4B Peter de Cruz (Liverpool John Moores) Judges as Comparatists? Evaluating the

Development of the Law Through the Use of Foreign Law by the Courts

4C Gianluca Gentili (Sussex) Parliamentary Supremacy Revisited: A Comparison of

‘Weak-Form’ Systems of Constitutional Review Enacted in Canada, United Kingdom

and New Zealand

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CONTRACT, COMMERCIAL & CONSUMER LAW

Convenor: Dania Thomas (Glasgow)


Panel discussion on The Uncertain Futures of Contract with David Campbell (Lancaster),

Hugh Collins (Oxford) and Jonathan Morgan (Cambridge)

(Please refer to David Campbell’s paper entitled The Foundation and Future of Agreement in

the Paperbank).


Emerging issues in contract

2A Haward Soper (Leicester) Contract, conflict and cooperation - the use of contractual

discretion and the views of commercial experts

2B Hugh Beale (Warwick) Penalty clauses and legitimate interests in performance

2C John Linarelli (Durham) Debt in Just Societies


Contract Law and Regulation

3A Yong Qiang Han (National University of Singapore) Implied Terms and Judicial

Control over Insurer’s Discretion in With-Profits Polices

3B Livashnee Naidoo (University of Cape Town) The Insurance Act 2015: Reflections on

statutory Interpretation and evolving values in insurance contract law

3C Reza Beheshti (Leicester) Critical analysis of the absence of adequate insurance in

English commercial law versus its position in the UNIDROIT Principles of

International Commercial Contracts and the Uniform Commercial Code


EU Law

4A Esther van Schagen (Institute of European and Comparative Law) The legislator and

the Court: enforcing scientific law-making in EU consumer law?

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4B Dorota Leczykiewicz (Oxford) Freedom of contract, private regulation and European

contract law

4C Andrea Fejos and Chris Willett (Essex) A quasi lex specialis for consumer credit in

European private law?

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EU & COMPETITION LAW

Convenor: Annette Nordhausen Scholes (Manchester)


Competition and European Law

1A Kathryn McMahon (Warwick) The courts and evolving economic theory in EU

competition law decisions and Bruce Wardhaugh (Manchester) Competition law and

legislation by the judiciary: the legitimacy and lastingness of judge-made rules

1B Beata Mäihäniemi (University of Helsinki) Difficulties with assessing market power

of online platforms: the example of Google Search

1C Mary Guy (UEA) How do the National Health Service (Procurement, Patient Choice

and Competition) (No.2) Regulations 2013 contribute to the competition policy

developed by the Health and Social Care Act 2012?


Competition and European Law

2A Laurence Gormley (University of Groningen) Title tbc

2B Barry Rodger (Strathclyde) The application of EU law by the Scottish courts: an

analysis of case-law trends

2C Susan Wright (Translation Directorate-General, Court of Justice of the EU)

Multilingualism: its impact on the judgments of the EU Court of Justice


European Law

3A Sara Drake (Cardiff) Legislation and the role of the judiciary: the EU principle of

consistent interpretation in the UK courts

3B Rob van Gestel and Jurgen De Poorter (Tilburg University) Putting evidence-based

law-making to the test: judicial review of legislative rationality

3C Emily Hancox (Edinburgh) The inter-relationship between primary and secondary

law in the EU legal order: implications for the scope of application of EU law

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European Law

4A Nicolas Rennuy (Cambridge) Solidarity and its variable boundaries: EU law and

welfare benefits

4B Darren Harvey (Cambridge) Process Federalism in the European Union and David

Fennelly (Trinity College Dublin) Luxembourg Reviews: The Charter of Fundamental

Rights and Standards of Reviews at the CJEU

4C Virginie Barral (Hertfortshire) and Mario Mendez (QMUL) The EU and the Aarhus

Convention: Neutering the Access to Justice Provisions

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INTELLECTUAL PROPERTY

Convenor: Claire Howell (Aston)


1A Lionel Bently (Cambridge) The Limits of Judicial Harmonization of IP Law in the EU

1B Jonathan Griffiths (QMUL) Taking power-tools to the acquis – the Court of Justice,

the Charter of Fundamental Rights and European Copyright Law

1C Kevin O’Sullivan (University College Cork) Enforcing Copyright Online: The Threat

of Industry Private Regulation and How to Stop It


2A James Griffin (Exeter) A Call for a Doctrine of “Information Justice”

2B Lior Zemer (Interdisciplinary Centre Herzliya) The End of the International

Intellectual Property Society

2C Marta Iljadica (Southampton) Copyright Exceptions for Public Art


3A Mark Eccleston-Turner (Birmingham City) Beyond Patents: Scientific Knowledge,

Access to Medicine and the Public Good

3B Naomi Hawkins (Exeter) Invalidating Gene Patents – missing the target?

3C Abbe Brown (Aberdeen) The judiciary, intellectual property legislation and the

search for holistic coherence


4A Andrew Griffiths (Newcastle) Branding and Consumerism

4B Chen Zhu (Birmingham) “It Takes All the Running You Can Do to Keep in the Same

Place”: Charting the Expansion of the Brand Function of Trade Marks in Global

Anti-“Ambush Marketing” Law Making

4C Graeme Dinwoodie (Oxford) Judicial Resistance to the Unitary Nature of EU Trade

Marks

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INTERNATIONAL LAW

Co-convenors: Christian Henderson (Sussex) and Philippa Webb (KCL)


Interpretation/Implementation

Discussant: Dan Sarooshi (Oxford)

1A Aisling O’Sullivan (Sussex) The Struggle to Build ‘a “Court of Humanity”: The

Debate surrounding Immunity of State officials in International Criminal Law

1B Matthew Garrod (Sussex) Legislation and the Role of the Judiciary: Interpreting the

Extraterritorial Scope of Domestic Criminal Laws Based on a Customary Rule of

Universal Criminal Jurisdiction

1C Katherine Reece Thomas (City) Judges and State Immunity: Time to Reform the Act?


Law Making/Development

2A Josepha Close (Middlesex) The Role of the Judiciary in the Emergence of an

International Norm Prohibiting the Grant of Amnesty for International Crimes

2B Massimo Lando (Cambridge) International Judges as Law-makers: Delimiting the

Territorial Sea under Article 15 UNCLOS

2C Natalia Perova (Central Lancashire) As far as it can go: extending the international

criminal liability of high-ranking officials to a no-return point


Protection of Rights/Accountability

Discussant: Dapo Akande (Oxford)

3A Jane Rooney (Bristol) Extraterritoriality at the European Court of Human Rights: A

Global Constitutionalist Perspective

3B Sylvie Namwase (East London) The Use of Excessive Force During Riot Control:

Enforcement and Crimes against Humanity under the Rome Statute

3C Sergii Masol (European University Institute) Human Rights in the Legal Regime of

the International Criminal Court: Refining the Super-Legality Approach

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Constitutional Restraints and Accountability/Responsibility Beyond the Judiciary

4A Rossana Deplano (Leicester) Taming the Leviathan? The Humanitarian Resolutions

of the UN Security Council as a Constitutional Restraint

4B Ben Murphy (Liverpool) Accounting for Ambiguity: How Should We Understand

United Nations Security Council Accountability in Light of Security Council

Resolution 2249 (2015)?

4C Tatyana Eatwell (Cambridge) Governments of National Reconciliation and State

Responsibility for the Internationally Wrongful Acts of Insurgent Groups

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LEGAL HISTORY

Convenor: Rosemary Auchmuty (Reading)


1A David Fraser (Nottingham) “A major attack on Jewish freedoms…”: A socio-legal

history of anti-shechita prosecutions in the English-speaking world, 1855-1913

1B Marie-Andree Jacob (Keele) Legal-bureaucratic evaluations of “research

misconduct” 1850-1950, or, how to study an anachronism?

1C Juanita Roche (Manchester) “Palm trees” and discretion in the twentieth century


2A Chantal Stebbings (Exeter) The Medicine Stamp Duty: Fiscal Non-entity or Revealing

Paradigm?

2B Iain Frame (Kent) Bargaining with “Octopus tentacles”: the Bank of England’s

branches and the first English joint stock banks in the 1830s

2C Cerian Griffiths (Liverpool) Discretion and disposal: a study of magistrates’

committals to the Old Bailey, 1760-1820


3A David Sugarman (Lancaster) Title tbc

3B Sharon Thompson (Cardiff) Underfed husbands and displeasing breakfasts: The

Married Women’s Association’s “long and patient struggle” for wives’ right to

housekeeping savings

3C Kevin Crosby (Newcastle) Keeping Women off the Jury in 1920s England


4A Neil Jones (Cambridge) No Magic in Words? Aspects of the Transition from Uses to

Trusts

4B Gwen Seabourne (Bristol) Curtesy and crying in the common law

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4C Valentina Vadi (Lancaster) International Law, Culture and History —

Methodological risks and opportunities

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MEDIA & COMMUNICATIONS LAW

Convenor: Paul Wragg (Leeds)


Privacy

1A Paivi Korpisaari (University of Helsinki) Balancing the freedom of expression and

right to private life in the recent practise of the ECtHR – application and

interpretation of the key criteria

1B John Hartshorne (Leicester) Tort law and the protection of privacy: but what is

'privacy' for tort law purposes?

1C David Mead (UEA) The Public Utility of Individual Privacy: A Theoretical and

Empirical Study


Rethinking Free Speech Rights

2A Judith Townend (Institute of Advanced Legal Studies) “Charitable journalism”: One

size doesn’t fit all

2B Andrew Kenyon (University of Melbourne) Free speech transformed? Implications

from positive human rights for freedom of speech

2C Daithi Mac Sithigh (Newcastle) Flags, priests and Morris dancers: a case for medium

law


Defamation

3A David Acheson (Kent) The concept of reputation and the interpretation of the

Defamation Act 2013, section 1

3B Jaspal Kaur Sadhu Singh (HELP University) The Development of Malaysian

Defamation Law - The Progressive Influence of English Common Law

3C Gavin Sutter and Julia Hornle (QMUL) Defamation of the Dead: Should English

defamation law permit a libel action to be taken in the name of the deceased?

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Regulation

4A Irini Katsirea (Sheffield) Curiouser and curiouser: DTT licensing in Greece

4B David Reader and Michael Harker (UEA) Targeted Advertising and Online Plurality:

a new paradigm for regulation

4C Tom Gibbons (Manchester) Legal and regulatory capacity to control media power

28

MEDICAL LAW

Convenor: Mary Neal (Strathclyde)


1A Jonathan Herring (Oxford) Why we should not presume people have mental capacity

1B Caroline Somers (Cork) The Self-Referential World of Cancer Screening

1C Shaun Pattinson and Vanessa Kind (Durham) Using a Moot to Develop Students'

Understanding of Human Cloning and Statutory Interpretation


2A Amel Alghrani (Liverpool) and Danielle Griffiths (Manchester) Legislation and the

Role of the Judiciary: Bridging the Gap between Regulation and Social Practice in

the Context of Surrogacy

2B Katherine Wade (KCL) Children’s Rights and Inter-Country Surrogacy: Lessons

from Strasbourg?

2C Craig Purshouse (Liverpool) and Kate Bracegirdle (Sheffield) Unjust

Enrichment as a Partial Solution to the Unenforceability of Surrogacy Contracts


3A Rosie Harding (Birmingham) Disentangling ‘legal’ and ‘mental’ capacity: protecting

the rights of persons with intellectual disabilities to equal treatment under the law

3B Carolyn Johnston (Kingston) Evaluating best interests

3C Hope Davidson (Limerick) Decision-making in dementia care: autonomy, capacity,

and the doctrine of “informed consent”


4A Jose Miola (Leicester) Would We Be Right to Try “Right to Try”?

4B Semande Ayihongbe (Southampton) Ownership and Commercialisation of Human

Biological Material and the impact on Biotechnological Research Enterprise

4C Neil Maddox (Maynooth) Abandoning Abandonment of Human Tissue

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OPEN A

Convenor: John Tribe (Liverpool)


Jersey: Law in the Channel Islands

1A Sir Philip Bailhache QC (Senator, States of Jersey) Avoiding the fate of the Dodo:

Jersey - A recuperating mixed legal system

1B John Tribe (Liverpool) Désastre v. Dégrèvement - Has Booth Assassinated

Dégrèvement in Jersey Insolvency Law?

1C David Marrani (Institute of Law, Jersey) Jersey Law: a French perspective

1D Claire de Than (City & Institute of Law, Jersey) Reforming Jersey’s Laws – lessons

from other jurisdictions?


2A Andrew Dickinson (Oxford) Keeping Up Appearances: The Principle of Submission

in the English Conflict of Laws

2B Jeffrey Barnes (La Trobe) From Rules to Multifactorialism: Judicial Interpretation of

Statutes in Common Law Systems


3A Gu Weixia (University of Hong Kong) Public Policy and Harmonization in

International Commercial Arbitration: A Real Occurrence or an Illusion?

3B Lara Khoury & Alana Klein (McGill) The renewal of the Canadian Judicial Function

in the protection of health

3C Lucy Barnes (UEA) Anxieties about Law: a Cinematography of Dystopia


4A Dawn Watkins (Leicester) Adventures with Lex: Assessing children’s legal

understanding using gaming as a research tool

30

4B Tamara Hervey and James Cairns (Sheffield) Learning and Teaching Law and

Diversity ‘beyond the state’

4C Mark Brewer (Northumbria) Legislating norms: Should the judiciary take a more

discerning interest in regulating responsibility and sustainability in the high world of

fashion?

31

PROPERTY & TRUSTS

Convenor: Simon Cooper (Oxford Brookes)


1A Susan Bright (Oxford) Dynamics of enduring property relationships in land

1B Sarah Green (Oxford) Virtual currencies and private law remedies

1C Susan Pascoe (Middlesex) Perpetually changing leases: periodic tenancies subject to

a fetter


2A Amy Goymour (Cambridge) The priority between competing interests in property:

making sense of English law’s disorderly queuing system

2B Nicholas Hopkins (Law Commission) Land registration

2C Aruna Nair (KCL) Utility, rights and the title register


3A Lorna Fox-O’Mahony (Essex) ‘Sharing’ and the property outsider

3B Susan Farran (Northumbria) Legislating for customary land tenure: a comparative

query

3C Derek Whayman (Newcastle) A new trichotomy of equity


4A Lusina Ho & Rebecca Lee (University of Hong Kong) Modern developments in

international trust law: legislation and the role of the judiciary

4B Ben McFarlane (UCL) Hohfeld and the Trust

4C Peter Devonshire (University of Auckland) The role of an account of profits in

defining wrongful fiduciary gains

32

RESTITUTION

Co-convenors: James Lee (KCL) and Tatiana Cutts (Birmingham)


1A Graham Virgo (Cambridge) “All the World’s a Stage”: the Seven Ages of Unjust

Enrichment


2A Robyn Honey (Murdoch) Observations about the Role of Public Policy in Private

Law: Comparing the English and Australian Approaches to Restitution in Spousal

Guarantee Cases

2B Niamh Connolly (Trinity College Dublin) Invalid obligations: why restitution is right


3A Syeda Aisha Shah (Aston) Explaining the Basis of Proprietary Restitution

3B Rajiv Shah (Cambridge) The Influence of the Property on the Law of Restitution since

the 19th Century


4A Yin Harn Lee (Sheffield) Judicial Development of Restitution within Legislative

Constraints

4B Hamish Dempster (Victoria University of Wellington) Judicial Atavism and the

Constraints of Legal Principle

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POSTERS A

1. Roy Gilbar (Netanya Academic College) The decision-making process at the end of life:

Does practice follow bioethical principles and legal mechanisms?

2. Holly Hancock (UEA) A Snapshot of the Image and Law

3. Nili Karako-Eyal (College of Management Academic Studies, Israel) The Use of Social

Marketing Methods in Vaccination Campaigns – Individuals’ Right to Autonomy, Public

Health, and the Duty of Disclosure

4. Patrick Masiyakurima (Aberdeen) The Public Interest Defence to Claims for Copyright

Infringement

5. Catriona McMillan (Edinburgh) A Deafening Silence: the Judiciary and the Human

Embryo

6. Jed Meers (York) Shifting the Place of Social Security: Social Rights under Austerity in the

UK

7. Dinusha Mendis (Bournemouth) Going for Gold: A Legal and Empirical Case Study into

3D Scanning, 3D Printing and Mass Customisation of Ancient and Modern Jewellery

8. Rebecca Moosavian (Northumbria) Power/Knowledge Dynamics in the Iraq War

9. Andrea Mulligan (Trinity College Dublin) Vindcating Rights Across International

Borders: Medical Tourism and Article 8 of the European Convention of Human Rights

10. Guido Noto La Diega (Buckinghamshire New) Brexit and Intellectual Property

11. Rachel Pimm-Smith (Warwick) The State as Parent and Parent Knows Best

12. Jing Wang (Bangor) Threats to Privately-Owned Small and Medium-Sized Enterprises

(SMEs) in China from the State-Owned Enterprise Policy and the State’s Interest: Towards

an Effective Legal Framework for the Protection of Chinese Privately-Owned SME

13. Elaine Webster and Mary Neal (Strathclyde) Dignity as Rank: Triangulating the

relationship between human rights and intrinsic worth

14. Lu Xu (Leeds) New Choice-of-law Approach for Property Rights – Delusion or Solution?

15. Hilary Young (University of New Brunswick) Rethinking Publication in Defamation

34

16. Junaidah Zeno (Bristol) Crowdfunding on Kickstarter.com: Analysis of its compatability

with UK Consumer Protection Law

35

SECTION B

36

CRIMINAL JUSTICE

Co-convenors: Hannah Quirk (Manchester) and Natalie Wortley (Northumbria)

Session 1: Thursday 8th September 11.00-12.30

Lawyers/advocates

1A John Jackson (Nottingham) Is there a Need for Special Counsel in Criminal

Proceedings?

1B Ed Johnston (UWE) The Defence Lawyer in the Modern Era

1C Lorenzo Pasculli (Kingston) The harm principle between statutory criminalisation

and judicial interpretation: lessons from Italy


Trials

2A Tony Ward (Northumbria) Improperly Obtained Evidence and the Epistemic

Conception of the Trial

2B Jill Molloy (Birmingham City) The Future of Joint Enterprise – the position after R v

Jogee

2C Ilona Cairns (Aberdeen) Criminalising Domestic Abuse Law in the UK: A

Comparison of the Legislative Responses in Scotland and England & Wales

Session 3: Friday 9th September 09.00-10.30

Roundtable discussion on ‘Sentencing in the Crown Court: New Data, New Findings’ with

Carly Lightowlers (Leeds), Julian Roberts, (Oxford) and Jose Pina-Sánchez (Leeds)


Post-trial

4A Stephen Shute (Sussex) Satellite tracking offenders in the UK: where next?

4B Paul Dargue and Andrew Robson (Northumbria) What Makes a Conviction Unsafe?

The Role of Individual Judges and Extra-Legal Factors in the England and Wales

Court of Appeal (Criminal Division)

37

4C Stephanie Roberts (Westminster) Reviewing the Function of the Criminal Division of

the Court of Appeal

38

CYBERLAW

Convenor: Faye Wang (Brunel)


1A Faye Wang (Brunel) Introductory Remarks

1B Karen Yeung (KCL) Title tbc

1C Chris Reed (QMUL) Why Judges Need Jurisprudence in Cyberspace

1D Ian Lloyd (Southampton) Consumer rights in a global (European) world


2A Julia Hörnle (QMUL) We Know Where You Have Been and Where You Are Now –

Legal Responses To The Collection and Use of Location Data

2B Paul Bernal (UEA) The Seven Myths of Surveillance

2C Micheál Ó Floinn (Southampton) Pirates at sea and pirates in the cloud: two

moments from the history of the UK/US extradition relationship

2D Eliza Mik (Singapore Management University) A Contractual Perspective on Consent

and Notification Requirements in Privacy Legislation


3A Chara Bakalis (Oxford Brookes) Rethinking Cyberhate: regulating hate in the

internet age

3B Jenna Maekinen (Helsinki University) The Internet of Toys is no Child’s Play:

Children’s data protection on the Internet of Things - New challenges

3C Christine Rinik (Winchester) Protection Required from the “Perfect Storm”—A Call

to Action for the Judiciary


4A Leslie Stevens (Edinburgh) Apples and Oranges? Searching for (In)consistencies of

the Public Interest across Data Protection, Freedom of Information, Copyright and

Whistleblowing Law

4B Joaquín Sarrión Esteve and Cristina Benlloch (University of Valencia) Actual Trends

in the Civil Use of Drones from the Perspective of Fundamental Rights Protection

39

4C Noel McGuirk and Caroline Collins (BPP) Fraud in the Twenty First Century – Is the

Current Criminal Law Fit for Purpose?

40

ENVIRONMENTAL LAW

Convenor: Chris Willmore (Bristol)


1A Maria Lee (UCL) Knowledge, publics and landscape

1B Bill Howarth (Kent) Linking Quality and Quantity in Water Regulation

1C Carrie Bradshaw (York) Framing and Regulating the Problem of Food Waste


2A Colin Reid (Dundee) Access to Environmental Information: Use and Impact

2B Ceri Warnock (University of Otago) and Ole Pedersen (Newcastle) Mapping the

constitutional: adjudicatory pluralism in environmental decisions making

2C Kim Bouwer (UCL) Seeing the Invisible – Small Scale Climate Litigation


3A Raphael Heffron (QMUL) Winners and Losers after Paris COP 21

3B Olivia Woolley (Aberdeen) The Paris Climate Change Agreement and Low Carbon Energy:

A New Stimulus for International Efforts to Decarbonise Energy Supplies or Another False

Dawn?

3C Tara Smith (Bangor) Geoengineering: The Paris Agreement’s Key to Success?


Roundtable Discussion on Interdisciplinary Environmental Law Scholarship in Practice: Space,

Audience and Expertise with Liz Fisher (Oxford), Gavin Little (Stirling) and Ole Pedersen

(Newcastle)

41

FAMILY LAW

Convenor: Amy Purvis (Sunderland)


The Role of Legislation and the Judiciary in Family Law Proceedings

1A Grenville Jay (Regent Chambers) and Chris Barton (Staffordshire) Transparency and

the publication of judgments: legislation by the judiciary?

1B Ruth Lamont (Manchester) Reporting on the Family Court: Public Interest in Care

Proceedings

1C Frances Burton (Buckinghamshire New) Lack of essential legislation and the role of

the judiciary in the Family Court: where is Family Justice going?


The Future of Family Law

2A John Eeklaar (Oxford) Family Law and Love

2B Rosemary O’Sullivan (University College Cork) The family courts of the future

2C Lucinda Ferguson (Oxford) Of Terrains and Attitudes: The Distinctiveness of

‘Family Law’


The Consequences of Marriage

3A Rebecca Probert (Warwick) Getting married: how should the law regulate the best

day of your life?

3B Kathryn O’Sullivan and Susan Leahy (Limerick) Muslim Marriage Recognition in

Ireland: Unseen Challenges

3C Joanna Miles (Cambridge) and Emma Hitchings (Bristol) Who gets what, and why?

Initial findings on financial settlements on divorce

42


The Impact of Children’s Welfare in Family Law

4A Stephen Gilmore (KCL) Title tbc

4B Elena Urso (University of Florence) The Child’s Best Interests in Domestic and

Transnational Family Conflicts: A Comparative Analysis of the Role of the Judiciary

and the Legislature in Framing the Notion of Parental Responsibilities and of

Children’s Welfare

4C Kenneth Norrie (Strathclyde) Adoption and Parental Orders after Surrogacy: Can the

Child's Welfare Determine which is Best?


Parallel Bonus Session on Promoting Children’s Welfare in Surrogacy and Adoption

4A Elena Falletti (Università Carlo Cattaneo-LIUC) Birth abroad by contract: the

international debate on surrogacy

4B Brian Tobin (NUI Galway) Surrogacy Legislation, the Child’s Constitutional Rights

and the Irish Judiciary

4C Julie Doughty (Cardiff) Adoptive families’ experiences of legal and administrative

processes in the first stages of placement

43

JURISPRUDENCE

Co-convenors: Olufemi Ilesanmi (Robert Gordon) and Rebecca Moosavian

(Northumbria)


1A John Gardner (Oxford) The Negligence Standard: Political Not Metaphysical

1B Sylvie Delacroix (UCL) Law's "inherent moral risk" and the two-way relationship

between law and habits

1C Max Weaver (London South Bank) Beyond Compensation: Why and how are Battery

and False Imprisonment actionable when the claimant suffers no damage?


2A Arie Rosen (University of Auckland) Interactive kinds and the political significance

of legal philosophy

2B Christopher Walshaw (Central Queensland University) A Recent Development in

Statutory and Constitutional Interpretation in Australia

2C Jan Van Zyl Smit (BIICL) The 'Institutional Turn' in Statutory Interpretation and its

Pitfalls: The Case of the Human Rights Act 1998


3A Adam Gearey (Birkbeck) “The law operates in surprising ways in the slums of our

cities”: Judges, Philosophers and the Agonistics of American Poverty Law

3B Richard Mullender (Newcastle) Pierre Bourdieu on the State

3C Allan Moore (University of West of Scotland) The role of the judiciary in cases of

contempt of court in facie curiae


4A Brian Slocum (McGeorge School of Law) Legislation and its Interpretation by

Agencies/Departments

4B Alina Ng (Mississippi College School of Law) The Coherence of Immoral Laws:

When the Confluence of “What Is” and “What Ought To Be” Becomes Problematic

4C Benedict Douglas, Vanessa Kind and Shaun Pattinson (Durham) Modifying the

Trolley Problem to Develop Understanding of Ethics

44

LABOUR LAW

Convenor: Rebecca Zahn (Strathclyde)


1A Hugh Collins (Oxford) Non-excludability of implied terms

1B Andrew Dyson (LSE) Partial Performance in Industrial Action: A Contract Law

Perspective

1C Jeremias Prassl (Oxford) Humans as a Service: working in the digital crowd


2A Alan Bogg (Oxford) Common Law and Statute in the Law of Employment

2B David Mangan (City) The meaningful process: contesting the parameters of freedom

of association

2C Virginia Mantouvalou (UCL) Exploitation and Labour Rights


3A Amy Ludlow and Catherine Barnard (Cambridge) Routes to Workplace Dispute

Resolution: the Experiences of EU Migrant Workers

3B Natalie Videbaek Munkholm (Aarhus University) The Danish implementation

approach to individual rights norms in the workplace

3C Michael Connolly (Portsmouth) Victimisation under the Equality Act 2010 and

Contempt of Court


4A Anne Davies (Oxford) From labour law to labour market enforcement?

4B Niall O’Connor (Cambridge) Interpreting Employment Legislation through a

fundamental rights lens: Added Clarity or Distorted Vision?

4C Lisa Rodgers (Leicester) When the economic eclipses the social: labour law in the

state of exception

45

LEGAL EDUCATION

Convenor: Caroline Strevens (Portsmouth)


1A Paul Maharg (ANU) Title tbc

1B Jane Ching (Nottingham Trent) Greener grass and re-invented wheels: researching

together


2A Amanda Zacharopoulou (Ulster) Addressing student expectations and building

confidence through a pre-arrival activity

2B Jenny Crewe (Law Society) Why the SRA loves the SQE

2C Graham Ferris (Nottingham Trent) The promise and perils of positive psychology in

legal education


Panel on Technology

3A Paul Maharg (ANU) Australia Disintermediation in legal education

3B Emily Allbon (City) Seeing is believing: we are all converging

3C Craig Newbery-Jones (Plymouth) Ethical Experiments with the D-Pad: Exploring the

Potential of Video Games as a Phenomenological Tool for Experiential Legal

Education

3D Craig Collins (ANU) Story Interface and Strategic Design for New Law Curricula


4A Melissa Hardee (Hardee Consulting) Report on the third year of a three-year cohort

study into the career intentions of law degree students in the context of current and

proposed legal education and training reforms

4B Emma Flint (Birmingham) Delivering blended legal learning through staff and

student collaboration

46

4C Nigel Duncan (City) Wild card modules: student experience of domestic violence,

employment and social security clients on a credit-bearing module

47

MARITIME LAW

Convenor: Leon Moller (Robert Gordon)


1A Peter MacDonald Eggers QC (7 King’s Bench Walk/UCL) Marine Insurance: the

influence of judicial reform on legislation and legislative reform on judges

1B Zeldine O’Brien (University College Dublin/Law Library) Property Rights in the

Absence of Sovereignty, Resource Exploitation of the Commons and the U.S.

Commercial Space Launch Competitiveness Act 2015

1C Scott Styles (Aberdeen) A tale of two admiralties: the contrasting fates of the English

and Scottish Admiralty Courts in the 17th and 18th Centuries


2A John Ford (Aberdeen) Some Dubious Beliefs about Medieval Piracy?

2B John Karlberg (Robert Gordon) Legal and Policy Challenges of Offshore Wind

Projects

2C Leon Moller (Robert Gordon) Tales from the Ancient Mariner: The legal status and

protection of seafarers on offshore oil and gas vessels

48

MIGRATION & ASYLUM LAW

Co-convenors: Violeta Moreno Lax (QMUL) and Diego Acosta Arcarazo (Bristol)


Legal Migration Regulation as an Instrument to Restrict Migrant Rights

1A Dora Kostakopoulou (Warwick) Mobility, migration and European judicial decision-

making

1B Sheona York (Kent) The Unravelling of “Administrative Justice”: The Migrant's

Journey from “Applicant” via “Customer” to Outsourced Contract Material

1C Louise Halleskov Storgaard (University of Aarhus) National Law Restrictions on

Family Reunification Rights of International Protection Beneficiaries from a EU /

ECHR Perspective

1D Catherine Briddick (Oxford) “Precarious Workers” and “Probationary Wives”: How

Immigration Law Discriminates Against Women


Combatting Irregular Mobility: Anti-Trafficking, Anti-Smuggling & Anti-Refugee Tools

2A Samantha Currie (Liverpool) One Step Forward, Two Steps Back? Assessing Legal

Responses to Cross-Border Trafficking in Human Beings

2B Jill Hanley and Jesse Beatson (McGill): The Exploitation of Migrant Workers in Our

Own Backyard: An analysis of Exploitation and Coercion

2C Linda Kirk (ANU) Codification, the Courts and Common Construction: Framing an

Australian Interpretation of the Refugee Definition

2D Khalida Azhigulova (Leicester) The Role of the Judiciary in Asylum Systems in

Transition: Central Asia as a Case Study


Versions of Solidarity: Internal and External Dimensions

3A Sonia Morano-Foadi (Oxford Brookes) State Responsibility towards Migrants and

Refugees and the Principle of Solidarity

3B Lukasz Dziedzic (Tilburg) “Fairness through Solidarity”’: Two Interconnected

Concepts in the Discourse on Asylum, Immigration, and Border Control

49

3C Birte Schorpion (QMUL) A safety zone that qualifies as an internal protection

alternative: a step too far or the next tool to restrict refugee protection?

3D Brid Ni Ghrainne (Sheffield) “Safety Zones” and Refugee Law: A Critical Analysis


Quo Vadis? Reflections on the (Uncertain) Future of the EU Migration Framework

4A Cathryn Costello (Oxford) The degradation and salvation of asylum

4B Andrea Romano (Rome) The More Favourable Provision Clause in EU Migration

and Asylum law: Which Implications for Migrants’ Rights and EU Constitutional

Pluralism?

4C Ruvi Ziegler (Reading) Reflections on the “Brexit” Referendum Franchise: Delinking

Membership, Right of Residence, and Eligibility for Participation?

4D Iris Goldner-Lang (Zagreb) Refugees in Europe and the Changing Paradigm of EU

Law

50

OPEN B

Convenor: John Tribe (Liverpool)


Islamic Law: Theories and Practices

1A Habib Ahmed (Durham) Contemporary Laws of Finance and Sharia Compliance:

Methodological Overview and Framework

1B Daniele D'Alvia (Birkbeck) Financial Risk between Contemporary Financial Markets

and Islamic Law

1C Anicée Van Engeland (Oxford) Is there a Role for Gender Theories in Islamic Family

Law?

1D Qudsia Mirza (Birkbeck) Islamic Law and Gender Equality: A Critique


2A Jesse Elvin and Claire de Than (City University) Acting reasonably in tort and

criminal law: legislation and the role of the judiciary

2B Sarah Gale (City University) The Relationship between Defamation and Privacy

2C Kylie Burns (Griffith University) Tort Law Judging, Common Sense and Judicial

Cognition


3A Gauri Sinha (Kingston) Corporate Accountability and Prosecutions: Is there a

misplaced focus?

3B John Magyar (Cambridge) English Textualism and the Anglo-American Legal

Scholars


4A Rachel Cahill-O’Callaghan (Cardiff) and Heather Roberts (ANU) Values and

agreement in the High Court of Australia

4B Aonghus Cheevers (University College Dublin) Voluntarism' in court connected

mediaton in Ireland

51

4C Joseph Mante (Robert Gordon) Dispute Resolution under FIDIC and NEC Standard

Forms – A Paradox of Philosophies and Procedures

52

PRACTICE, PROFESSION & ETHICS

Convenor: Carla Crifo (Leicester)


1A Tbc

1B Carlovittorio Giabardo (University of Turin) The Vanishing of the Civil Trial and the

Future of Private Law

1C Daniel Newman (Cardiff) and Thomas Smith (UWE) Access to Criminal Justice

under Austerity


2A Katherine Lindsay and David Tomkins (University of Newcastle Australia) Hail to

the Chief! The Changing Role of Australian Chief Justices

2B Alan Cusack (University College Cork) Adversarialism on Trial: Ontological,

Procedural and Attitudinal Barriers to the Inclusion of Vulnerable Victims in Court

2C Monalisa Odibo (Bangor) Access to Justice Through Court Annexed Alternative

Dispute Resolution Programmes: A Critical Assessment of the Multi-Door

Courthouse System in Nigeria


3A Karen Richmond (Strathclyde) Streamlined Forensic Reporting: Swift and Sure

Justice?

3B Alan Russell, Andy Unger and Catherine Evans (London South Bank) Clinical legal

education and the delivery of legal services to people on low incomes; preparing for

the future

3C Lu Xu (Leeds) Mythical Chinese Young Judges


4A Alan Paterson (Strathclyde) Day 1 competency – Is that enough for the public?

4B Tim Sinnamon and Russell Orr (Westminster) Equity as a regulator - complementing

the professional regulation of “unregulated” and regulated providers of legal

services?

53

PUBLIC LAW

Co-convenors: Ann Lyon (Plymouth) and John Stanton (City)


1A Trevor Allan (Cambridge) Judicial Interpretation of Statute: Why Complaints of

Judicial Disobedience Make No Sense

1B Benjamin Yong (Hull) and Mark Hickford (Victoria University of Wellington)

Government lawyers and the executive in the political constitution

1C Donal Coffey (Max Planck Institute for European Legal History) and Arman

Sarvarian (Surrey) A Constitutional Court for the United Kingdom? Comparative and

Historical Reflections


Roundtable Discussion on Damages and Human Rights with Jason Varuhas (University of

Melbourne), Carol Harlow (LSE), Robert Stevens (Oxford) and Christopher Forsyth

(Cambridge)


3A Matthew Lewans (University of Alberta) Judicial Review after Jurisdictional Error

3B Hanna Wilberg (University of Auckland) Saving Intentionalism in Statutory

Interpretation

3C James Grant (KCL) Constitutional Foundations and Interpretation


Parallel Bonus Session on Devolution

3A Manon George (Cardiff) The Government of Wales Act 2006: (in)coherent, (un)stable

and (un)workable

3B Huw Pritchard (Cardiff) The end of the England and Wales jurisdiction as we know

it?

3C Denis Edwards (Chinese University of Hong Kong) What can the matter be (with

overlapping legislative competence)?

54


4A Vernon Bogdanor (Oxford) The Constitution of a Multinational State

4B Michael Gordon (Liverpool) UK Sovereignty before, during and after the EU

Referendum

55

TAX LAW

Convenor: John Vella (Oxford)


1A John Taylor (University of New South Wales) A Critique of Judicial Approaches to

Interpreting Bi-lateral Tax Treaties In Australia

1B Michael Dirkis (University of Sydney) Having your cake and eating it too: The role

of the judiciary in facilitating the effectiveness of exchange of information agreements

and imposing limitations on the use of the information obtained

1C Bernard Schneider (QMUL) Legal Transfers in the Chinese Tax System


2A Judith Freedman and John Vella (Oxford) The Anatomy of Tax Settlements

2B Stephen Daly (Oxford) The (Biased) Role of the Judiciary in Tax Law Reviews

2C Theodore Seto (Loyola Law School) Structuring Tax Rules so as to Maximise

Voluntary Compliance


3A Yige Zu (Leeds) Interpreting the VAT: Can the Law be Made Judge-Proof?

3B Amy Lawton (Birmingham) The tax is not always greener on the other side: initial

perceptions of the ever evolving Carbon Reduction Commitment

3C Anzhela Yevgenyeva (Oxford) Differentiated integration in the EU: Lessons from the

financial transaction tax


4A Michelle Markham (Bond University) The New Australia/Germany Double Tax

Agreement: A Treaty for the Post-BEPS Era

4B Ranjana Gupta (Auckland University of Technology) Directors’ fees received by

overseas non-residents for services performed outside New Zealand: Lessons to be

learnt from Australia

56

TORTS

Co-convenors: Eric Descheemaeker (Edinburgh) and James Goudkamp (Oxford)


1A Paul Davies (Oxford) and the Rt Hon Sir Philip Sales (Court of Appeal of England

and Wales) The Nature and Scope of the Tort of Conspiracy

1B Jialong Ying (Oxford) The duty rationale for the doctrine of remoteness in tort

1C James Bailey (Edinburgh) Trespass in Scots Law: Re-examining the Recovery of

Damages


2A Fred Wilmot-Smith (Oxford) Law, Ought & Can

2B Eleni Katsampouka (Oxford) Exemplary Damages in English Law: An Empirical

Study

2C Ken Oliphant (Bristol) Title tbc


3A Sandy Steel (Oxford) Selecting Counterfactuals in Tort Law

3B Stephen Bailey (Nottingham) ‘Material Contribution’ after Williams v The Bermuda

Hospitals Board

3C Achas Burin (Oxford) Positive duties of prevention in the common law and the

Convention


4A Matthew Dyson (Cambridge) Regulating Risk in Tort Law

4B Roderick Bagshaw (Oxford) The Rise of ‘Evaluative Judgment’ in the Law of Torts

4C Donal Nolan (Oxford) Tort and Public Law: Overlapping Categories?

57

POSTERS B

1. Ruth Brittle (Nottingham) The Best Interests of the Child in Asylum Cases: Are Children

Invisible and Not Heard

2. Lucy Crompton, Denise Farran, Edwina Higgins, Kathryn Newton and Emma Seagreaves

(Manchester Metropolitan) Legislation and the role of the judiciary: Students as Supreme

Court Justices

3. Jacinta Dharmananda (University of Western Australia) What can judges take from the

legislative process about using extrinsic materials when construing statutes?

4. Tamara Hervey and James Cairns (Sheffield) Enhancing equality and diversity in

curriculum development through student partnership

5. Andrea Loux Jarman (Bournemouth) Teaching the Relationship between the Judiciary and

Legislation Post-Brexit

6. Nikol Jilkova and Radislav Brazina (Masaryk University, Czech Republic) Regulating

Administrative Torts: The Influence of Case Law in the Absence of Legislation

7. Eleni Katsampouka (Oxford) Exemplary Damages in English Law: An Empirical Study

8. Matteo Mantovani (Cambridge)

9. David McArdle (Stirling) and Barbara Osborne (University of North Carolina) Pregnancy

Discrimination, Title IX the Unintended Consequences of US College Sports

10. Kim McGuire (Central Lancashire) Legislation, common law and the judiciary: policy,

‘principles’ and reform

11. Maria Federica Moscati (Sussex) Judiciary, legislation, Sexual Orientation and Gender

Identity in Comparative Perspective

12. Sally Phillips (Birmingham City) Tensions between Law and Science in the Context of

‘Shaken Baby Syndrome’: Failings in the Diagnostic Process

13. David Renders (Louvain University) Administrative Justice, Equality, Belgian

Federalism and Devolution of Power

14. Karen Richmond (Strathclyde) The construction of DNA profiling evidence within public

and private models of forensic science provision

15. Emma Roberts (Chester) The Rome II Regulation’s Competing Objectives and Rigid

Provisions: Suppressing Judicial Discretion?

58

16. Ermioni Xanthopoulou (Hertfordshire) the Framework Decision on the European Arrest

Warrant; A Fruit of a Challenged Mutual Trust among the Judicial Authorities of the EU

Member States

Documents

Legislation and the Role of the Judiciary · 2B Shona Wilson Stark (Cambridge) Facing facts: Judicial approaches under the Human Rights Act 1998 2C Katja Ziegler (Leicester) The EU