Issue 1

BU Law Review

The Balancing of Rights in a Democratic Society – Are the Media Too Free? Article

The Balancing of Rights in a Democratic Society – Are the Media Too Free?

Chloe Beeney - Final Year LLB (Hons) Student

Published in Issue 1, September 2017

England and Wales thrive on being a democratic society, promoting the need for equal rights amongst all.

Although, within this, freedom of expression is a fundamental right, this is ultimately weighed against the crucial right of privacy and the right not to be defamed. However, with the advance of technology and in particular the rise of the internet, the media are less restricted with their publishing, leading to an increase of infringement on an individual’s rights. Despite attempts to control this through the reform of defamation laws, it is argued that the law is inadequate with guarding against conflicts between the media and individuals, resulting in the media experiencing greater freedom than before. With suggestions that this has become unmanageable, equal rights seem to be something of the past and despite recent attempts to resolve this, the law is essentially not equipped to do so.

Public Bodies and Omissive Conduct: The Mysterious Veil of Liability Shielded from the Public Gaze? Article

Public Bodies and Omissive Conduct: The Mysterious Veil of Liability Shielded from the Public Gaze?

Matthew Ralston - Second Year LLB (Hons) Student

Published in Issue 1, September 2017

The near immunity enjoyed by public bodies has come under scrutiny in recent years. The question of whether the exclusion of liability of such bodies exists wholly or merely operates in small pockets looms large and the answer is one that tends to be obfuscated in judicial decisions. The courts often refrain from holding public bodies to account and endorse a defensive practice argument to do so. Elusive concepts of proximity cloud judgements and highlight how a defence premised on anecdote and assumption has taken prevalence in the minds of the highest courts of the land. The current liability regime which potentially imposes liability on Ambulance Trusts, but exempts the Police and Fire Services from any similar duty of professional rescue is unjust and makes little practical or doctrinal sense. Various attempts to address this apparent lacuna in the law have been made in order to unveil what is usually shielded from the public gaze in averments of negligence against public bodies but the law on omissive conduct remains a maze of barely compatible decisions.

Construction of Contracts: An Analysis of Objectivity and Subjectivity within Contractual Transactions Article

Construction of Contracts: An Analysis of Objectivity and Subjectivity within Contractual Transactions

Joseph Dance - First Year LLB (Hons) Student

Published in Issue 1, September 2017

This paper will focus on the relationship with the objective test of contractual relations and the recognition by courts in favour of subjective understanding of the transaction. The direction this paper will take will be to look at the different circumstances that contractual relations benefit from taking an objective view, and the intermittent exceptions when courts will interpret these contracts subjectively when it would be unreasonable for objectivity. In these instances, the courts will use the objective test as a first approach before deciding that a parties’ subjective belief will rule the objective approach inequitable.

Internationalisation of the Directors Disqualification Regime: A Perspective from the UK Article

Internationalisation of the Directors Disqualification Regime: A Perspective from the UK

Mag. Clemens Grassinger - LLM Student

Published in Issue 1, September 2017

The law generally puts few obstacles in the way of becoming a director of a company. Thus, inappropriate people might come to hold this position and harm the public in a variety of ways. The origins of the disqualification regime can be traced back as far as the Companies Act 1928. The most significant piece of legislation in this regard, extending the grounds, has been the Company Directors Disqualification Act 1986, which aims to protect the public against breaches of commercial morality and conduct showing an inability to comply with the duties related to conducting business. This article will outline major changes to this regime, especially those recently introduced by the Small Business, Enterprise and Employment Act 2015. In doing so, it will primarily focus on the international context of the new disqualification ground of convictions abroad as well as draw a comparison with similar jurisdictions, such as Ireland and Singapore. The article concludes that the changes are likely to lead to a significant improvement in the accountability of directors.

Keywords:

AdmissibilityAFRAggressionarmed attackathletesAustraliabiometricBrexitCambridge AnalyticacasinosCaveat EmptorCDPA 1988Changecivil partnershipsco-habitation rightsco-habiting couplescode of conductComcastcomic artComplementarityConstructionConsumer protectionConsumer rightsContractContracts of Sale of Goodscontractual interpretationConvictions Abroadcopyrightcopyright lawCorporate lawCorporate remediescreativitycriminal lawcross-contaminationcultureData protectionDefamationDigitalDirectors Disqualificationdishonestydopingduty of careEconomic liberalismEmployment LawEmployment Rights ActEmployment StatusEnterprise and Employment Act 2015entire agreement clauseEquitable considerationsexclusion clausesExclusionary PrinciplefirearmsFranceFreedomFreedom of Contractgambling lawGig Economygovernancegraffitigross negliegencehuman rightHuman RightsHumanitiesICCImmunityImplied TermsInformationInternal marketinternational criminal justiceInternational LawInternetInterpretationJurisdictionLawLe PACSLegal CertaintyLiabilityLiving Corporate ContractmanslaughterMediaMisinformationmisrepresentationModern Working PracticenecessityNetflixNetwork NeutralityNew ZealandObjectivityPACSParty AutonomyPersonal dataPrefacePrivacyprohibition of forceproportionalityPublic BodiesQuantitative restrictionsReformRegulatory autonomyRome StatuteSaif Al-Islam Gaddafisecurityself defenceSmall BusinessSocio-legal studiessportsubcultureSubjectivitytaxTaylor ReportTechnologythefttheft act 1968Transboundary watersTreaty AgreementsTunnellingUnited NationsUSAWADAWorkersWorking Papers Series