30 November 2013

'Academic', 'Practical', Moss v The Queen

It is surprising how many officials cause problems because they neglect simple legal requirements. Moss v The Queen [2013] UKPC 32 for example arose because a Commonwealth of the Bahamas' Court of Appeal and trial court decided not to hear part of the appellant's testimony. I use this as a catalyst to explore the way 'academic' is sometimes contrasted with 'practical'.

28 November 2013

Human Rights' Public Image

There is a problem with human rights law's representation in the media. 'Human right to make a killing: Damning dossier reveals taxpayers' bill for European court payouts to murderers, terrorists and traitors' and 'Human rights ‘farce’ let 300 criminals stay in UK' are examples of claims that human rights are used to compensate or protect criminals. Adam Wagner, in 'Too little too late as Daily Mail “corrects” bogus human rights splash', explains how human rights' compensation assertions are irreconcilable with the truth. The judiciary recognises the potential to abuse human rights protections. This post examines a judicial response to that abuse.

23 November 2013

22 November 2013

Four Fundamental Freedoms and the Human Rights Act 1998

Following my earlier introduction to Freedom of Expression law, this post considers the area in a little more technical detail, and with a broader perspective: the post examines differences between the other similar 'freedoms'--to privacy and family; of thought, conscience, and religion; and of assembly and association.

16 November 2013

Barratt & Ors v Treatt PLC: Analysis

This case analysis uses a recent case to outline some principles in contract law. In Barratt v Treatt the parties disputed the finalisation of a contract: the buyer claimed they had complied with everything necessary to complete a contract for shares; and the seller disputed this on two grounds. The case is about the construction of a contract.

13 November 2013

Some Thoughts On Reading

This post offers some thoughts about reading and what law students may do to make it easier. Think about the author's purpose before you read anything. Doing so will make it easier to find where, how, and if the author reaches any goals. The easier it is to find these three things, the easier it will be to understand the text. The more you understand, the easier it is to analyse, criticise, and synthesise.

9 November 2013

Ranking Children to Encourage Success

This post considers a recent article on theconversation.com about children's classroom ranks and later successes. I suggest a changed perspective may ensure these findings are used for the disadvantaged children's benefit. Just as John Perry shows in The Art of Procrastination, (institutional) flaws may be used to general advantage if recognised and accepted.

6 November 2013

Lady Hale in Aintree v James

In Aintree v James a man lay ill in hospital. He lacked capacity to make decisions. Others had to decide for him. The Court of Protection (CP) had to say whether choosing to withhold his future treatment would be lawful. Afterwards, the Court of Appeal (CA) checked the lower court's judgment. Eventually the Supreme Court (SC) scrutinised both these decisions. Lady Hale delivered that opinion. This post examines a few details in her discussion.

2 November 2013

Spiralling Procrastination

Today I deviate from my ordinary focus. I try, but doubt success, to emulate the tonal levity in the philosopher's work I consider here. John Perry's The Art of Procrastination: A Guide to Effective Dawdling, Lollygagging and Postponing is easy to read and well worth the little effort the short book demands. This post explores how Perry's thesis may help law students.