SLS 2019 110TH ANNUAL CONFERENCE Central Questions About … · Society, Central Questions about Legal Education, Scholarship and Research. I am delighted that we have attracted such

SLS 2019 110TH ANNUAL CONFERENCECentral Questions About Law

Final Programme

University of Central Lancashire, PrestonTuesday 3rd – Friday 6th September 2019

Follow the conference on Twitter @SLSPreston2019 #SLSPreston19

CONTENTS

WELCOME FROM SLS PRESIDENT 03

GENERAL INFORMATION 04

SOCIAL PROGRAMME 06

SLS 2019 PROGRAMME 08

PROGRAMME SUMMARY 08

KEYNOTE SPEAKERS 10

GROUP A SUBJECT SESSIONS 11

GROUP B SUBJECT SESSIONS 20

PUBLISHERS EXHIBITION 28

UNIVERSITY OF

CENTRAL LANCASHIRE MAP 30

2 @SLSPreston2019 #SLSPreston19

It is my pleasure to welcome you to Preston for the 110th Annual Conference of the Society of Legal Scholars.

Fittingly for a conference at the University of Central Lancashire, which is itself located at the central point of the British mainland, the theme of this year’s conference is Central Questions about Law. There are thus three main plenary

sessions addressing a variety of such Questions; the first plenary, Central Questions about the Creation, Development and Reform of Law is followed logically by the subject matter of the second plenary, Central Questions about the Implementation, Application and Practice of law. The third plenary addresses questions central to the very purpose of the Society, Central Questions about Legal Education, Scholarship and Research. I am delighted that we have attracted such a tremendous range of expert and distinguished speakers for each of these plenaries, one hidden theme of the list of speakers being that virtually all of them have significant if not always obvious connections with Preston or Lancashire. If you have read my previous comments in the Society’s Reporter about Lancashire and Tolkien, you may be disappointed not to see a Hobbit somewhere in the list but it is worth keeping an eye open for surprises during the conference!

The core of the conference remains the 28 subject sections. Jamie Lee has again worked miracles in co-ordinating all these subject sections and liaising with all the subject convenors to put together a tremendous programme. I would like to record my thanks and appreciation both to Jamie and also to all the subject section convenors plus of course to all those contributing papers.

The main conference runs from Tuesday lunchtime until Friday afternoon but as has now become customary, it is preceded on the Monday/Tuesday by the Graduate Conference which this year has been expertly organised by my colleague Dr Ian Turner to whom I am most grateful. We are also very happy to be able to host, on the Tuesday morning, as in previous years, the Annual Seminar of the British Association of Comparative Law.

I am very pleased that this year we have been able to schedule, for the first time since 2016, a Birks Book prize session in the Thursday tea-time slot when last year’s winner,

Dr Nimer Sultany, will be discussing his prize-winning book. There is also an early careers session on the Tuesday tea-time, Wednesday lunchtime sees a new session organised by the Society’s EDI Committee “A vision for an inclusive SLS” and Thursday lunchtime has a Judicial Appointments session. Finally, the Friday afternoon Brexit session, dare I say it, remains a fixture for those who don’t have to leave before then, and promises to be particularly interesting and lively.

Notwithstanding the packed programme summarised above, there will be ample opportunity for that most important aspect of conference life whereby delegates can interact and engage with one another in the new social space which also houses the publishers’ exhibition. We are extremely grateful for the support, financial and otherwise, of the publishers and exhibitors. There are also of course a number of social events scheduled, starting with the complimentary publishers’ drinks reception on the Tuesday evening and ticketed events each evening including the Annual Dinner (kindly sponsored by OUP) on the Wednesday evening.

I am grateful to many colleagues here at the University of Central Lancashire both centrally and in the Law School for their great support in planning and executing this conference. Within the Society, I would like to express my gratitude to all the Officers and Members of Executive for their unstinting support during my year of office. We are as ever most appreciative of the excellent administrative support that we have received from Sara Bladon and Sally Thomson (and more recently from Rosa Bladon). Sadly, this will be Sally’s last conference as it coincides with her retirement from her role of Administrative Secretary after nearly two decades of dedicated and expert service for which we are pleased to have the opportunity to show our immense gratitude during the conference. This is the second SLS conference to be organised by Mosaic Events and I would like to thank their team and in particular Libby Edison who has worked so efficiently and tirelessly, over a period of more than 18 months, to ensure that this conference is a success.

In conclusion, I hope that you will all have a stimulating and enjoyable time at the conference here in Lancashire (but watch out for those Hobbits!).

Richard Taylor

President of the Society of Legal Scholars (2018/19)Professor of English Law, Lancashire Law SchoolUniversity of Central Lancashire, Preston

SOCIETY OF LEGAL SCHOLARS 2019 3

WELCOMEFrom Professor Richard Taylor, SLS President

GENERAL INFORMATION

REGISTRATION AND ENQUIRIES Our conference organisers are Mosaic Events and they will be assisted by Student Ambassadors from the University of Central Lancashire, who will be wearing red UCLan branded top with the wording ‘Student Ambassador’. The registration and enquiries desk for SLS 2019 will be situated on the ground floor of the Harrington Social Space and will be open at the following times:

Tuesday 3rd September 11.30am – 18.00pmWednesday 4th September 08.00am – 18.00pmThursday 5th September 08.00am – 18.00pmFriday 6th September 08.00am – 15.30pm

VENUE University of Central LancashirePrestonPR1 2HE Tel: +44 (0)1772 201 201

PUBLISHERS’ EXHIBITION The SLS 2019 Exhibition will be held in the Harrington Social Space, ground floor, where refreshments will also be served. All delegates are invited to visit the exhibition which will be open at the following times:

Tuesday 3rd September 11.30am – 19.00pmWednesday 4th September 10.00am – 16.00pmThursday 5th September 10.00am – 16.00pmFriday 6th September 10.00am – 14.00pm

REFRESHMENT & LUNCH BREAKS Tea and coffee will be available at the below times and lunch will be served at 12.30pm each day in the Harrington Social Space, Ground Floor, buffet style alongside the exhibition.

Tuesday 3rd September 15.30pm – 16.00pmWednesday 4th September 10.30am – 11.00am 15.30pm – 16:00pmThursday 5th September 10.30am – 11.00am 15.30pm – 16:00pmFriday 6th September 10.30am – 11.00am

SPEAKERS

Speakers are requested to register on arrival and then make their way to the relevant room in good time before the start of the session. Please bring your presentation, if you have one, on a memory stick, which can be inserted straight in to the USB drive on the PC provided. University Ambassadors and audio-visual technicians will be on hand to assist if required.

EARLY CAREER SESSION

The Early Careers Session will be on Tuesday 3 September from 17.45pm - 18.30pm in the Harrington Lecture Theatre.

Early Careers Session – Publishing and Developing as a Scholar, with James Lee (KCL), Bruce Wardhaugh, editor of Legal Studies and Rebecca O’Rourke, Cambridge University Press.

Although this session is designed for those at an early or relatively early stage in an academic career, all interested members are welcome to attend.

LUNCHTIME SESSIONS

EDI to be held in the Greenbank Lecture Theatre – Wednesday lunch - new session organised by the Society’s EDI Committee “A vision for an inclusive SLS”.

JAC session to be held in the Greenbank Lecture Theatre – Thursday lunch.

Birks Prize Session to be held in the Greenbank Lecture Theatre - Thursday tea-time slot when last year’s winner, Dr Nimer Sultany, will be discussing his prize-winning book.

AGM The AGM will take place on Thursday 5th September 09.00am – 10.30am in the Greenbank Lecture Theatre, all are welcome to attend. This will be followed by the council meeting.

PAPERBANK The Paperbank is available online at: https://www.slsconference.com/subject-sections-programme/ This provides access to the full set of abstracts for the conference and an interactive programme. Please visit the conference website to download any papers or other files (such as PowerPoint presentations).


5SOCIETY OF LEGAL SCHOLARS 2019

GENERAL INFORMATION

DRINKS AND DINNER TICKETS All the social events, except for the Welcome Drinks Reception, are ticketed. You must have your ticket with you (if you have booked, your ticket will be handed out with your badge). If you do not already have a ticket and would like to attend any of the social events, please see the staff at the Registration and Enquiries Desk as early as possible.

PUBLIC TRANSPORT & CAR PARKING UCLan is conveniently situated within walking distance of Preston railway station. If you are arriving on foot from the train station, exit from the station’s main entrance, turn right and then left down Corporation Street to Ringway. Cross Ringway at the lights, turn right, then take first left down Corporation Street (shops including Aldi on your left). Straight ahead and follow signs to the University.

Preston Bus Station is a 15 minute walk to the campus. The number 31 bus service runs every 15 minutes from the bus station to the University campus.

If arriving by car the university is well sign posted, however please note parking is not available at the university. There are spaces available (pay and display) at a number of central carparks, one conveniently located carpark is Walker Street Carpark, North Street, Preston PR1 2RQ.

MOBILE PHONES Out of courtesy to speakers and other delegates, mobile phones should be switched off or on silent mode before entering sessions.

WIFI Complimentary WIFI is available throughout the conference venue. To access the guest WIFI please select UCLanOpen network and follow the steps.Academic delegates can also log in to Eduroam in the usual way.

During the conference, you can follow @SLSPreston2019 on Twitter. Please help broadcast the Conference by posting your comments and photos with the hashtag #SLSPreston19.

SLS WEBSITE The SLS website is: www.legalscholars.ac.uk and the conference website, including thePaperbank can be accessed from it (click on conference on the menu bar) or directly at https://www.slsconference.com/ from here click on the programme tab.

LUGGAGE STORE Luggage can be stored next to the Harrington Refectory in the Bistro area. This is an open area and is not secure. The area is located next to the security office. All items are left at the owner’s risk and neither University of Central Lancashire, the SLS nor Mosaic Events accept responsibility for personal belongings.Those staying in the Premier Inn and Legacy International hotels may wish to leave their luggage at the hotel on the morning of departure if travelling by train, as this is en-route to the station.

DELEGATE BADGES For security purposes, please always wear your delegate badges.

GENERAL ASSISTANCE Please go to the SLS Registration and Enquiries Desk on the ground floor of the Harrington Social Space if you have any queries. For serious emergencies you can phone the Event Team: +44 (0) 7702 495847. Please do not abuse this facility.

INFORMATION ABOUT PRESTON For more information on top attractions, restaurants and shopping in Preston please visit: https://www.visitlancashire.com/explore/preston

ACCOMMODATION CHECK-IN If you have booked accommodation on campus at The Warehouse, rooms are available for check-in from 14.00pm until 17.00pm on the day of arrival and are to be vacated by 10.30am on the day ofdeparture. All guests should carry some form of ID (ideally photographic) as this will be checked before keys are issued. Keys are collected from / returned to the Warehouse Reception, on the ground floor. Breakfast will be available at an additional cost in the Foster Refectory (FB on the campus map) from 08.00am.

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SOCIAL PROGRAMME

TUESDAY 3RD SEPTEMBER

Publishers’ Drinks Reception

Harrington Social Space, Ground Floor, University of Central Lancashire.18.00pm – 19.15pm(Inclusive for all Tuesday delegates)

On the first night of SLS 2019, there will be a Welcome Drinks Reception in the exhibition area, Harrington Social Space, ground floor, giving you the opportunity to network with colleagues and meet with exhibitors.

Lancashire Themed Dinner

Harrington Restaurant, University of Central Lancashire.19.15pm – 21.30pm(Ticket required)

WEDNESDAY 4TH SEPTEMBER

Annual Conference Drinks and Dinner sponsored by OUP

Ewood Park, Blackburn, BB2 4JF19.00pm – 23.00pm(Ticket Required)

The Annual Conference Dinner will be held at Blackburn Rovers Football Ground – Ewood Park.

Pre-dinner drinks will be followed by a three-course dinner with wine and coffee. The guest speaker will be Professor Nick Wikeley, Judge of the Upper Tribunal and Past President of the SLS. There will be the Birks prize presentation, plus other presentations and a Quiz on Law, Football and Philosophy.

Delegates are asked to meet to board the coaches at 18:15pm outside Harrington Social Space main doors.

All social events are ticketed, except the Welcome Drinks Reception. Please remember to bring your ticket for the evening social events to ensure faster entry. If you do not already have a ticket and would like to attend any of the drinks or dinners, please see the staff at the Registration and Enquiries Desk as early as possible.

@SLSPreston2019 #SLSPreston19


THURSDAY 5TH SEPTEMBER

Preston Legal Walk

Meet at the Registration Desk in the Harrington Social Space17.45pm – 18.45pm

For those who have pre-booked tickets, please meet at 17:35pm at the Registration Desk in the Harrington Social Space.

A gently paced walk for 3-4km with plenty of stops at interesting legal landmarks ending at the Sessions House/Harris Art Gallery and Museum. Led by Michael Doherty, Principal Lecturer, Lancashire Law School.

THURSDAY 5TH SEPTEMBER

Harris Museum and Art GalleryMarket Square, Preston, PR1 2PP19.00pm – 21.30pmTicket Required

In 1877 Edmund Robert Harris, a Preston lawyer, left in his will £300,000 to establish a trust and support a public library, museum and art gallery with Preston Corporation. The Harris collections cover fine art, decorative art, costume, textiles and history including collections on archaeology and local history.

Drinks will be served, and delegates will be invited to view the exhibitions, a buffet will also be served.

Delegates are requested to make their own way to the Harris Museum, the address is shown above. It is approximately half a mile - 15 minutes walk from campus.

SOCIAL PROGRAMME

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PROGRAMME SUMMARY

TUESDAY 3 SEPTEMBER 2019

TIME EVENT LOCATION

09.30am-12.30pm Prior event: BACL Annual Seminar Comparative Law in Troubled Times

Harrington 337

11.30am-18.00pm Registration and Enquiry Desk Open Harrington Social Space, Ground Floor

12.30pm-14.00pm Lunch and Publishers Exhibition Harrington Social Space, Ground Floor

14.00pm-15.30pm Subject Sections A1

15.30pm-16.00pm Afternoon Refreshments and Publishers Exhibition Harrington Social Space, Ground Floor

16.00pm-17.30pm Subject Sections A2

17.45pm-18.30pm Early Careers Session Greenbank Lecture Theatre

18.00pm-19.15pm Drinks Reception Harrington Social Space, Ground Floor

19.15pm-21.30pm Lancashire Themed 3 Course Dinner Harrington Restaurant, UCLan

WEDNESDAY 4 SEPTEMBER 2019

TIME EVENT LOCATION


09.00am-10.30am Subject Sections A3

10.30am-11.00am Morning Refreshments and Publishers Exhibition Harrington Social Space, Ground Floor

11.00am-12.30pm Subject Sections A4


13.00pm-13.50pm Participatory discussion organised by the Society’s EDI Committee “A vision for an inclusive SLS”

Greenbank Lecture Theatre

14.00pm-15.30pm Plenary 1: Central Questions about the Creation, Development and Reform of Law

Lady Hale DBE, President of the Supreme Court

Elizabeth Gardiner CB, First Parliamentary Counsel

Professor David Ormerod QC (Hon), Law Commissioner

Chair Professor Andrew Burrows QC (Hon), All Souls College Oxford

Harrington Lecture Theatre


16.00pm-17.30pm Central Questions about the Implementation, Application and Practice of Law

Sir Ernest Ryder, Senior President of Tribunals

Professor Sarah Worthington QC (Hon), Downing Professor of the Laws of England, Cambridge University

Professor Pinar Akman, Director of the Centre for Law and Business, Leeds University

Chair Lady Arden DBE, Justice of the Supreme Court


19.00pm-23.00pm(assemble for coaches 18:15pm)

Drinks Reception and Annual Conference DinnerBirks prize presentation, Guest Speaker and Quiz

Ewood ParkSponsored by OUP



PROGRAMME SUMMARY

THURSDAY 5 SEPTEMBER 2019

TIME EVENT LOCATION


09.00am-10.30am SLS AGM and Council Meeting Greenbank Lecture Theatre


11.00am-12.30pm Subject Sections B1


13.00pm-13.50pm Judicial Appointments Commission Session – Academic Skills and how to use them as JudgesChair: Professor Alan Paterson with an expert panel including JAC Commissioner Jane Furness, the President of the Employment Tribunals, Judge Brian Doyle and Natalie Wortley and Stephen Hardy


14.00pm-15.30pm Central Questions about Legal Education, Scholarship and Research

Professor Fiona Cownie FAcSS, Keele University

Professor Ewan McKendrick QC (Hon) University of Oxford

Professor Gillian Douglas FBA, Kings College London

Chair Dr Lynne Livesey, Deputy Vice- Chancellor, University of Central Lancashire



16.00pm-17.30pm Subject Sections B2

17.45pm-18.45pm Birks Prize Session - 2018 Winner Dr Nimer Sultany (SOAS) will discuss his book ” Law and Revolution – Legitimacy and Constitutionalism After the Arab Spring”. Chair Professor Imelda Maher UCD


17.45pm-18.45pm Preston Legal Walk Meet at the registration desk

19.00pm-22.00pm Drinks Reception and Buffet Dinner Harris Museum & Art Gallery

FRIDAY 6 SEPTEMBER 2019

TIME EVENT LOCATION


09.00am-10.30am Subject Sections B3


11.00am-12.30pm Subject Sections B4


13.30pm-14.45pm Brexit Session - Lessons from Brexit – internal reflections

Professor Gavin Phillipson, Bristol University

Professor Stephen Tierney, Edinburgh University

Professor Tamara Hervey, Sheffield University

Professor Stephanie Laulhé Shaelou, UCLan Cyprus

Chair, Professor Maria Lee, UCL


KEYNOTE SPEAKERS


To mark the eminent scholarship to be found among our membership, the Society Subject Sections invite keynote speakers to the conference. These scholars provide an important focus for the subject sections by presenting their work, engaging with, and being challenged by other scholars (especially those at an earlier stage of career). The SLS is grateful to the following keynote speakers who have accepted the invitation to this conference and we look forward to their contributions.

SECTION A SECTION BCAROLYN ABBOT

PAUL BEAUMONT

VINCENT CHETAIL

IRIS CHIU

MARIE-BENEDICTE DEMBOUR

NELSON ENONCHONG

HELEN FENWICK

PAULA GILIKER

MIKE GORDON

JEN HENDRY

URSULA KILKELLY

RONNIE MACKAY

LOUISE MERRETT

CATHERINE MITCHELL

NEIL RICHARDS

JENS SCHERPE

CAROLINE STREVENS

CHRISTOPHER WILLETT

EMMA CAVE

ALISON FIRTH

ANDREW FRANCIS

MAEBH HARDING

IRINI KATSIREA

GAVIN MACLEOD LITTLE

LAURA MACGREGOR

CRAIG PURSHOUSE

TINA SOLIMAN HUNTER

SURABHI RANGANATHAN

AKBAR RASULOV

CRAIG ROTHERHAM

SECTION A

11

BANKING & FINANCE SERVICES LAW 12

CIVIL LIBERTIES & HUMAN RIGHTS 12

COMPARATIVE LAW 13

CONFLICT OF LAWS 13

CONTRACT, COMMERCIAL & CONSUMER LAW 14

CRIMINAL JUSTICE 14

CYBER LAW 15

ENVIRONMENTAL LAW 15

FAMILY LAW 16

JURISPRUDENCE 16

LEGAL EDUCATION 17

MIGRATION & ASYLUM LAW 17

OPEN A 18

PUBLIC LAW 18

TORTS 19

TUESDAY 3RD AND WEDNESDAY 4TH SEPTEMBER

SOCIETY OF LEGAL SCHOLARS 2019

12

SESSION 1: TUESDAY 3 SEPTEMBER 14.00PM – 15.30PM

BANKING & FINANCIAL SERVICES LAW

Convenors: Sandra Booysen & Francesco De Pascalis GREENBANK 276

1A Iris Chiu (University College London) Keynote: A new agenda for regulatory policy regarding the crypto economy 1B Ilias Kapsis, (University of Bradford) Cryptocurrencies: the quest for legitimacy1C Vincenzo Bavoso (University of Manchester) Regulating Securitised Banking in the Age of Market-Based Finance – The Unfinished Reform


SESSION 3: WEDNESDAY 4 SEPTEMBER 09.00AM – 10.30AM

SESSION 4: WEDNESDAY 4 SEPTEMBER 11.00AM – 12.30PM




2A Holly Powley (University of Bristol) Banking culture and misconduct: a comparative analysis2B Dimitrios Kafteranis (University of Luxembourg) Rethinking financial rewards under the Directive on the protection of persons reporting breaches of Union law.2C Steven Montagu-Cairns (University of Leeds) Corporate criminal liability and the failure to prevent offence: an argument for the adoption of an omissions based offence in Money Laundering

3A Nelson Enonchong (Birmingham Law School) Keynote: Unauthorised Bank Payment in the Electronic Age3B Sandra Booysen (National University of Singapore) The Legal Dichotomy between Authorised (but Unintended) and Unauthorised Payments3C Kwan Ho Lau (Singapore Management University) The Curious Case of the Commercial Loan and the Law of Novation

4A Gerard McMeel (University of Manchester) Lessons from the Interest Rate Swaps Mis-selling Saga4B Ebenezer Adodo (University of Leicester) and Chumah Amaefule (University of the West Indies, St Augustine, Trinidad & Tobago) Injunctive applications pertaining to letters of credit and performance guarantees: Is a cause of action required in current practice?4C Andreas Kokkinis (University of Warwick) and Andrea Miglionico (University of Reading) Asset Quality and Resolving Mechanisms: The Implications of Banks’ Corporate Governance on NPL Management

The Judical Protection of Human Rights in Common Law Systems

2A Nicola Barker (University of Liverpool) From the Human Rights Act to the British Bill of Rights? A Feminist Perspective2B Carmen Draghici (City, University of London) The Persistent British Ban on Assisted Suicide and Constitutional Lessons from Canada2C James Rooney (Trinity College Dublin) The Contingency of Rights Protection upon Judicial Culture in Common Law Systems

Human Right and Security

3A Helen Fenwick (Durham University) Keynote: Abusive, harmful and offensive cyber-speech: critiquing the UK criminal law response and the prospect of Ofweb regulation from a free speech perspective3B Katy Vaughan (Swansea University) Re-evaluating minimum standards of procedural fairness in the national security context: the Use of Special Advocates in Closed Material Procedures3C Anne-Marie Greenslade (Leeds Beckett University) How effective is UK Modern Slavery legislation and policy at a frontline level?

Comparative Constitutional Perspectives on LGBT Rights

4A Keisuke Abe (Seikei University) Towards a More Inclusive Society: The Future of LGBT Rights in Japan4B Zanele Nyoni (University of Central Lancashire) The Struggle for Equality: LGBT Rights Activism in Sub-Saharan Africa4C Sujitha Subramanian (University of Liverpool) Use of ‘Constitutional Morality’ in the Pursuit of Equality and Human Rights in India


CIVIL LIBERTIES & HUMAN RIGHTS

Convenors: Kanstantsin Dzehtsiarou & Alan Greene HARRINGTON 338A

Focus on The European Convention on Human Rights

1A Zoe Bryanston-Cross (European Court of Human Rights) Concepts of State responsibility in international law and their application in the supervision mechanisms established under the European Convention on Human Rights 1B Kris Gledhill (Auckland University) The European Court of Human Rights and the Convention on the Rights of Persons with Disabilities 1C Rachael Ita (University of Derby) Mind the Gap: The Impact of Margin of Appreciation and Living Instrument Arguments on the Scope of Applicability of the European Convention on Human Rights







COMPARATIVE LAW

Convenors: Greta Bosch & Catherine Pedamon HARRINGTON 337

1A (Joint with Tort): Paula Giliker (University of Bristol) Keynote: Creating a 21st century law of tort – Proposals to reform the tort provisions of the French Civil Code1B Thomas Verheyen (Ghent University) On Behavioural Asymmetry in Product Liability Law: How Private Nudging Will Get European Product Liability Theory Back on Track1C Mitja Kovac (University of Ljubljana) & Ann-Sophie Vandenberghe (Erasmus University Rotterdam) How to deal with autonomous AI – A Comparative Investigation

How far apart are we?2A Václav Janeček (University of Oxford) Methods of Distinguishing Between Private and Public Law2B Tony Meacham (Coventry University) The Common Law and Equity: Are England and Australia a world apart? 2C Lorenzo Cavalaglio & Adèle Julia Chenaux (Pontifical University of Lateran) The Reception of Trusts in Italian Law: the Role of Notaries and Judges in a (difficult) Legal Transplant

Legal Responses3A Andrew Bell (University of Graz) & Joanna McCunn (University of Bristol) If laws therefore were made for facts…’: Legal Responses to Factual Uncertainties3B Cliff Fisher (Purdue university), Alexis Martinez, Matthew Spegele, Katherine Gonzalez, Kenna Garman & John Pairitz A comparison of E.U’s General Data Protection Regulation and U.S. Data privacy protection laws3C Stephen Graw (James Cook University) Terminating Partnerships by Accepted Repudiation: the differing UK and Australian Approaches

Impact of Externalities4A Morad El Kadmiri (Institute of Advanced legal Studies, London) Wigmore’s PowerPoint and the Pre-Digital Era4B Olivier Beddeleem (EDHEC Business School) Central questions about Comparative Law in light of Brexit

CONFLICT OF LAWS ADELPHI LECTURE THEATRE 3


Choice of Law1A Lauren Clayton-Helm (Northumbria University) Habitual Residence and Marriage, do they go Together Like a Horse and Carriage? 1B Jayne Holliday (University of Aberdeen/University of Stirling) Characterisation in the Context of Clawback Claims1C Emma Roberts and Giles Orton (University of Chester) Cross-border Unjust Enrichment and Brexit: An Opportunity for Reform?


Expanding Horizons2A Paul Beaumont - (University of Aberdeen/University of Stirling) Keynote: The Hague Convention on Recognition and Enforcement of Judgments in Civil or Commercial Matters 2019: The Perspective of an EU Negotiator 2B Sören Segger-Piening (University of Würzburg) The Internet of Things as a Challenge (?) – Contractual Fragmentation and Protection of Privacy from a (European) Conflicts of Law Perspective2C Eduardo Alvarez-Armas (Brunel University/Université Catholique de Louvain) Private International Climate-Change Litigation to the Test: Lluiya v. RWE, or how Article 17 of Rome II is a GHG Emitter’s Ace up the Sleeve


Early Career Panel3A Michiel Poesen (KU Leuven) Jurisdiction and Privity of Contract in European Private International Law 3B Shahar Giller-Avraham (Hebrew University, Jerusalem) The Court’s Discretionary Power to Enforce A Choice-of-Court Clause: Is it Time for a Change? 3C Līga Stikāne (University of Latvia) Rome III Regulation: the Problematic Issues and Possible Solutions


Reshaping the Law4A Louise Merrett (University of Cambridge) Keynote: When is Forum Shopping an Abuse of Rights? 4B Mukarrum Ahmed (Lancaster University) Brexit and the Future of Private International Law in English Courts: Comparing the Hague Choice of Court Convention and the Brussels Ia Regulation4C Erlis Themeli (Erasmus University, Rotterdam) Limits to Consumer Protection in the Brussels Ibis Regulation: No to Domicile Hide-and Seek-Game

SECTION A

14








CONTRACT, COMMERCIAL & CONSUMER LAW

Convenors: Jenny Zhang & Meixian Song ADELPHI TVi


1A Dr Catherine Mitchell (Birmingham Law School) Keynote: Central Questions about Contract Law: What future for the common law? 1B Yihan Goh (Singapore Management University) Reconceptualising ‘Legitimate Interest’ in the Law of Remedies for Breach of Contract: Looking Inside and Outside of Contract Law

2A Nicholas Sage (LSE, London) Relational Objectivity 2B Tey Guan Khoo (Gray’s Inn, London) Interpreting Errors in the ICS Paradigm2C Keren Wu (University of East Anglia) Interpretation of Aggregation Clauses in Insurance Contracts

3A Christopher Willett (University of Essex) Keynote 3B Nwanneka Ezechukwu (Birmingham City University) It ranked high, so I purchased!’ Are consumer-generated reviews an effective tool for bridging information gaps?3C Timothy Dodsworth (University of Exeter) Exploring the potential of AI as a legal tool

4A Simon Crabtree (Swansea University) The future of good faith4B Nevi Agapiou (UCLan Cyprus) Across the Miles in the European Union: Aligning Consumer and Commercial Contracts for the Sale of Goods on the basis of Favor Contractus

2A Susan Stokeld (University of Aberdeen) Evidential issue and challenges arising from the Domestic Abuse (Scotland) Act 2018 2B Kyle Murray & Tara Beattie (Durham Law School) Terms and Conditions Apply”? Reforming Consent in Sexual Offences2C Jesse Elvin (City, University of London) & Claire de Than (Institute of Law, Jersey) Autonomy versus vulnerability: does English law need a general endangerment offence?

3A Robin Palmer (University of Canterbury) An overview of the current status of new forensic neuro-technologies, and an assessment of the major legal and ethical implications of the use of new forensic neuro-technologies in the Criminal Justice System 3B Michelle Coleman (Middlesex University) #MeToo and the Presumption of Innocence: the rights of victims and the accused3C Amelia Shooter (Birmingham City University) Judicial Engagement with Challenges to Forensic Science Evidence from the National Academy of Sciences: The Importance of Legal Actors

4A David Hayes (The University of Sheffield) Retributivism and Penal Minimalism: Notes on a Penal Theory of Political Action 4B Ian Weldon (Sir Clifford Grant Chambers) A Briggs over Troubled Water: Is the Civil Courts Structure Review a Realistic Solution for Litigants in Person? 4C Richard Glover (University of Wolverhampton) A damaging business: protest and the civil courts


CRIMINAL JUSTICE

Convenors: John Child & Colin King HARRINGTON 301

Focus on The European Convention on Human Rights

1A Ronnie Mackay (De Montfort University) Keynote: The Maleficence of M’Naghten OR The Sorry Tale of the Insanity Defence in English Criminal Law 1B Kim McGuire (University of Central Lancashire) Extending the concept, or extending the category, of hate crime? Perceptions of misogyny as a potential ‘hate crime

15





CYBER LAW

Convenor: Paul Bernal ADELPHI LECTURE THEATRE 4

Public and private 1A Roisin Costello (Trinity College Dublin) Genetic Testing and the Erosion of Privacy Rights: Towards a Theory of Herd Immunity? 1B Jessica Bell (Melbourne Law School) What is the meaning and role of a concept of ‘public benefit’ in law in the digital era? Insights from charity law

Algorithms and AI 2A Guido Noto La Diega (Northumbria University) Artificial Intelligence and database rights in the age of big machine data 2B Tomasz Braun, Dominika Harasimiuk (Lazarski University) Regulating the unknown: how to address algorithmic reality of society

Data Protection3A Sam Wrigley (University of Helsinki) Rights and interests under the GDPR: Finding “fairness” for both sides? 3B Jessica Shurson (Queen Mary University of London) Data Protection and Law Enforcement Access to Data Across Borders: Resolving the Conflict Between the GDPR and the US Cloud Act

Privacy and more4A Neil Richards (Washington University in St Louis) Keynote: “Why privacy matters”? 4B Joseph Savirimuthu (University of Liverpool) Data Protection, Standards and Conceptions of Risk: A case study of the problem of conflicts of interests in the Smart City

SECTION A






ENVIRONMENTAL

Convenor: Julie Adshead GREENBANK 273

1A Carolyn Abbott Keynote (University of Manchester) Losing the Local? – Public Participation and Legal Expertise in Planning Law1B Colin Reid and Sean Whittaker (University of Dundee) Uncovering the Environment: The Use of Public Access to Environmental Information1C Bob Lee and Naomi Luhde-Thompson (University of Birmingham) All quiet on the Preston front?

2A Alice Venn, (University of Exeter) Litigating climate change in the UK: Rising future prospects2B Petra Minnerop, (University of Dundee) The ‘European Consensus’ – providing a safety net of climate action under the European Convention on Human Rights?

3A Colin Mackie (University of Leeds) The trade distorting effects of inefficacious financial provision for permit obligations3B Ioanna Hadjiyianni (University of Cyprus) The Court of Justice of the European Union as a Transnational Actor through Judicial Review of the Territorial Scope of EU Environmental Law3C Aleksandra Cavoski (University of Birmingham) The ICJ’s work on developing sources of IEL

4A Osahon Omoregie, (Ambrose Alli University, Nigeria) Environmental Protection and Sustainable Development of Natural Resources in Nigeria: A Case for Constitutional Environmental Rights

16





FAMILY LAW

Convenors: Amy Purvis & Peter Dunne ADELPHI CONF RM AB226

1A Jens Scherpe (University of Cambridge) Keynote: Breaking the existing paradigms of parent-child relationships1B Sheila Donovan-Hurley (National University, Galway) ’Sharenting’ - Parental Autonomy versus The Right of The Child to a Private Identity1C Jill Marshall and Anna Davies (Royal Holloway) Autonomy and Privacy Rights in Secret Births

2A Jo Harwood (University of Essex ) “We Don’t Know What It Is We Don’t Know” – Child Contact, Domestic Abuse and the Gaps Left by Legal Aid Reform and the Restrictions on Access to Expert Evidence2B PANEL discussion

3A Frances Burton (Buckingham University) Access to Justice in England and Wales: What Modernisation Does the Family Court Actually Need?3B Gillian Douglas and Stephen Gilmore (King’s College London) The (il)legitimacy of the common law in helping to shape Family Law reform3C Alan Brown (University of Glasgow) The Ambiguous Position of Commercial Surrogacy Within UK Surrogacy Regulation

4A Ursula Kilkelly (School of Law, UCC) Keynote4B Rhonda Hammond-Sharlot (Birmingham City University) Why Marriage needs a Divorce from the Church of England





JURISPRUDENCE

Convenors: Emilia Mickiewicz & Ilias Trispiotis GREENBANK LECTURE THEATRE

Private law theory

1A Matteo Nicolini (University of Verona/ Newcastle University) Inequality of Goods and Lands; or, the Iniquitous Effects of Global Comparative Law 1B Steve Hedley (University College Cork) Private Law Theory – An Emerging Field?1C John Prebble (Victoria University of Wellington) Kelsenian Analysis Reveals a Central Flaw in Income Tax Law, Namely a Confusion of “Is” and “Ought”1D Chris Mills (University of Warwick) Contractual Complicity

Theory of regulation; institutions

2A T.T. Arvind (University of York) A Legal Theory for the Age of Regulation 2B Noam Gur (Queen Mary University of London) Legal Directives and Practical Reasons2C Amanda Warren-Jones (Huddersfield University) A Multi-Disciplinary Perspective of Evaluative Decision-Making: Legal Contexts Exemplify Reliability Rests on a Cross-Checking Mental Process2D James Gould (University of Plymouth) Natural law or natural rights? The ‘modern humanist tradition’ – transforming natural law reasoning into natural rights jurisprudence

Theorising adjudication; interpretivism

3A Aleksandra Wawrzyszczuk (University of East London) Constitutionalising Politics, Politicising Constitutions: Why Judicial Impartiality is More than a Convenient Social Myth 3B Dimitrios Tsarapatsanis (University of York) An Interpretivist Theory of Adjudication3C Simon Lee (Open University) An ABC Guide to Jurisprudence: Bullet Points

Theorising international law; human rights theory

4A Jen Hendry (University of Leeds) Keynote: Indigenous Communities, Collective Rights, and the Collective Voice 4B Thom Brooks (Durham University) Against Just War4C Alexander Green (University of Hong Kong) Political Obligation as the Duty to Participate4D Karamvir Chadha (University of Cambridge) Sexual Consent and Having Sex Together


17

SECTION A









LEGAL EDUCATION

Convenors: Jane Ching & Pamela Henderson ADELPHI LECTURE THEATRE 5

1A Caroline Strevens (University of Portsmouth) Keynote: Challenging Assumptions: revisiting the Law Curriculum 1B Jessica Guth (Leeds Beckett University) Defence Against the Dark Arts: Some Personal Reflections on the Histories and Futures of Legal Education1C Steven Vaughan (University College London) The Lies We Tell Ourselves: Problematising the (S)Hallow Foundations of the Core of Legal Education

2A Roland Fletcher (Open University) Experiential learning and experience of learning through vocational education: the trailblazer solicitor apprenticeship2B PANEL Christina Perry (Queen Mary University of London), Nigel Spencer (University of Oxford) and Sue Prince (Exeter University) Innovation in Legal Education: preliminary findings on the impact of creating a workplace-focused law degree on student skills growth, degree results and employment outcomes

3A Graham Ferris (Nottingham Trent University) Supporting Learners Through Legal Education3B Emma Jones (The Open University) Autonomy, apathy and alienation: Exploring factors contributing to the mental wellbeing of distance learning law students3C Elyse Wakelin (Nottingham Trent University) The raising pressures on pastoral care and support for students in legal education: how to deal with this growing concern?

2A Nicolette Busuttil (Queen Mary University of London) Non-refoulement for migrants with psychosocial disabilities: towards a disability-sensitive interpretation2B Anna Liguori (University of Naples) Overlap between complicity and positive obligations: Italy’s responsibility before the ECtHR as a consequence of outsourcing border controls to Libya2C Jean-Pierre Gauci (British Institute of International and Comparative Law) Boat Migration: What Implications for Commercial Vessels?

3A Sheona York (University of Kent) Retrospective measures, privatisation and ‘mission creep’ - how the Home Office online application regime is further distancing migrants from transparent and accessible remedies under the law3B Emma Marshall (University of Exeter) Access to asylum and immigration advice after LASPO: Legal aid cuts and experiences of advice-seeking3C Andrew Pitt (Queen Mary University of London) Less Law and Lawless – Detained Fast Track and Legality

4A Elena Gualco (University of Bedfordshire) Unaccompanied minors’ quest for asylum in Europe: from age assessment to age discrimination4B Amanda Spalding (Canterbury Christ Church University) Reconceptualising Immigration Measures as Punitive4C Arwen Joyce (University of Leicester) The limits of labour law and low-wage temporary migrant workers in Asia

4A Rita Dalton-Harrison (Royal Holloway) The Future Professional Self: Enabling Future Advocate Leaders4B Kay Wheat (Nottingham Trent University) A gap in academic legal education needs a remedy


MIGRATION

Convenors: Ruvi Ziegeler & Anna Beduschi HARRINGTON 333

1A Marie-Benedicte Dembour (Brighton) Keynote1B Vincent Chetail (Graduate Institute - Geneva) Keynote: The Global Compact for Migration: From Codification to Progressive Development of International Law



SESSION 3: WEDNESDAY 4 SEPTEMBER 09.00AM – 10.30AM (NOT SITTING)






OPEN A

Convenor: David Marrani HARRINGTON 308

Judges

1A Alan Paterson (Strathclyde University) Presidency and the Supreme Court: David Neuberger’s Legacy1B Sophie Gallop (Nottingham Trent University) The Use of Torture and Judicial Impunity in ex Soviet States1C Sapna Reheem Shaila (King’s College) Building an independent judiciary in transitional states: Lessons from Timor-Leste

Medical Panel

2A Caoimhín MacMaoláin (Trinity College) An Unhealthy State: Using legislation to address public heath issues in Ireland2B Kartina Choong (University of Central Lancashire) Richard Law (University Hospitals of Morecambe Bay NHS Foundation Trust) Shalini Kanagasingam (University of Central Lancashire) and Kartina Choong (University of Central Lancashire) E-professionalism: A Comparative Study of How Doctors and Dentists are Regulated in the UK

2A Ben Stanford (Coventry University) Power to the People? Public Spaces Protection Orders, Hybrid Law and Human Rights2B Katy Sowery (University of Liverpool) Unconstitutional constitutional amendments’ and the European Union legal order2C Tarik Olcay (Aston University) Unseating the Guardians: Judicial Tenure under Attack in Illiberal Europe

3A Dean Knight (Victoria University of Wellington) Contextual review: the instinctive impulse and unstructured normativism in judicial review3B Kenny Chng (Singapore Management University) A Theory of Precedent in Singapore Constitutional Law3C Farrah Ahmed (University of Melbourne) The Delegation Theory of Judicial Review

4A Hanna Wilberg (University of Auckland) Re-evaluating Mistake of Fact as a Ground of Judicial Review4B Tim Sayer (Newcastle University) Substantive Review and Bifurcation in the UK Supreme Court4C Martin Brenncke (Aston University) Statutory interpretation and the role of the courts after Brexit

Different Dimensions

4A Max Weaver (London South Bank) Climb Every Montaigne! Musical Metaphors for Law4B Abigail Jackson (University of East London) The Blame Game? Examining Emotions in Residential Evictions


PUBLIC

Convenors: Brian Jones & Eloise Ellis ADELPHI LECTURE THEATRE 2

Private law theory

1A Conor Casey (Trinity College) The Gate-Keepers: Lawyers and Executive Power1B John McGarry & Amy Cowen (University of Bolton) The Attorney General and Contempt of Court – Some political and constitutional questions1C Mike Gordon (University of Liverpool) Keynote

19

SECTION A





2A Annette Morris (Cardiff University) Changing the Way We ‘Do’ Tort Law: The Commoditisation of the Personal Injury Claims Process2B Aoife Finnerty (University of Limerick) The Sale of “Liquid Gold” in Ireland and England & Wales; Some thoughts from Tort Law2C Roderick Bagshaw (Magdalen College) Best Intentions for the Economic Torts

3A Matthew Dyson (University of Oxford) The Centre of Tort3B Arantxa Gutierrez (University of Edinburgh) Comparing apples and oranges: Normative losses and consequential losses in the context of compensation of non-pecuniary losses in English tort law3C Václav Janeček (University of Oxford) Damages and the Distinctive Threshold for Legally Protected Public Interests

4A David Pearce (University of Leeds) The Rise and Demise of Strict Liability for the Escape of Fire4B Eoin Quill (University of Limerick) The Duty of Care and the Merits of a Fifth Wheel4C Sarah Fulham-McQuillan (University College Dublin) Foreseeing Difficulties: Duty, Scope, and Causation in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50


TORTS

Convenor: Phillip Morgan GREENBANK 348A

1A Joint with Comparative HARRINGTON 337 Paula Giliker (University of Bristol) Keynote: Creating a 21st century law of tort – Proposals to reform the tort provisions of the French Civil Code 1B Thomas Verheyen (Ghent University) On Behavioural Asymmetry in Product Liability Law: How Private Nudging Will Get European Product Liability Theory Back on Track1C Mitja Kovac (University of Ljubljana) & Ann-Sophie Vandenberghe (Erasmus University Rotterdam) How to deal with autonomous AI – A Comparative Investigation

SECTION B

COMPANY LAW 21

ENERGY LAW 21

EU AND COMPETITION LAW 22

INTELLECTUAL PROPERTY 22

INTERNATIONAL LAW 23

LABOUR LAW 23

LEGAL HISTORY 24

MEDIA & COMMUNICATIONS LAW 24

MEDICAL LAW 25

OPEN B 25

PRACTICE, PROFESSION & ETHICS 26

PROPERTY & TRUSTS 26

RESTITUTION 27

TAX LAW 27

THURSDAY 5TH AND FRIDAY 6TH SEPTEMBER


21

SESSION 1: THURSDAY 5 SEPTEMBER 11.00AM – 12.30PM


SESSION 2: THURSDAY 5 SEPTEMBER 16.00PM – 17.30PM

SESSION 4: FRIDAY 6 SEPTEMBER 11.00AM – 12.30PM


SESSION 3: FRIDAY 6 SEPTEMBER 09.00AM – 10.30AM



COMPANY LAW

ENERGY LAW

Convenor: Irene-Marie Esser

Convenor: Raphael Heffron

GREENBANK 276

HARRINGTON 338A

1A Laura MacGregor (Edinburgh University) Keynote: Shaping fiduciary duties around partnership relationships: LPs and LLPs 1B John Wood (University of Central Lancashire, Preston) Creative destruction and the need to rethink the value within corporate rescue1C Michelle Welsh (Monash University, Melbourne) Phoenix Companies: Creative Use or Abuse of the Corporate Form (Helen Anderson, co-author)

1A Tina Soliman Hunter (University of Aberdeen) Keynote: Central Questions on the Evolution of National Oil Companies 1B Gavin MacLeod Little Keynote, (University of Stirling) UK energy governance and low - carbon transition: keeping the flag flying

2A Katarzyna Chalaczkiewicz-Ladna (Glasgow University) Hunting for content and scope: Long-term interests in the company directors’ decision-making processes 2B John Tribe (Liverpool University) Nietzsche’s Eternal Recurrence and the Renaissance of English and Welsh Insolvency Law Reform2C Sarah Morley (Newcastle University) Takeover Regulation: From Shareholder Primacy to Stakeholder Values

4A Jason Harris (University of Sydney) Return to Officialism? The re-regulation of Australia’s corporate insolvency laws 4B Suren Gomtsian (Leeds University) The Stewardship Role of Large Institutional Investors and Activist Shareholders: Friends or Foes? 4C Leyanda Purchase (University of Law, London) Disruptive Technology and Corporate Governance: The Impact of Blockchain and Artificial Intelligence

International Energy Law2A Belen Olmos Giupponi (Kingston University) A bottom-up approach to energy justice?: Exploring the role of “Informal Conflict Resolution” mechanisms 2B Eghosa Ekhator – (University of Chester) and Godswill Agbaitoro (University of Essex) Energy Law and Policy in Nigeria: Any role for the International Energy Charter?

Current Energy Law Issues in the UK3A Kikelomo Kila (University of Exeter) Developing Countries and Corporate Regulation in Climate Change: ‘Dilute Interventionism’ as a Legal and Regulatory Paradigm3B Thomas Muinzer (University of Dundee) Energy and the Transition to Sustainability: Exploring Fuel Poverty through the Lens of the ‘Energy Constitution

Current Energy Law Issues in the UK4A PANEL Energy Law & Brexit, The Next Steps (with Raphael Heffron, Session Chair)

3A PANEL Open discussion moderated by the Section Chair. Iain MacNeil (Glasgow University) The role and impact of “say on pay” on executive remuneration in the UK. Carsten Gerner-Beurle (UCL), Tom Kirchmaier (Copenhagen Business School) Say on Pay: Do Shareholders Care? Joan Loughrey (Leeds University) Commentator

SECTION B


22






EU AND COMPETITION LAW

INTELLECTUAL PROPERTY

Convenor: Annette Nordhausen Scholes

Convenor: Dinusha Mendis

HARRINGTON 337

ADELPHI LECTURE THEATRE 3

1A Stephen Dnes (Northeastern University, London) Efficiency modelling in competition law: whether to do it, and if so, how? 1B Marek Martyniszyn (Queen’s University Belfast) Competitive Harm Crossing Borders: Regulatory Gaps and a Way Forward1C Liran Pang (Durham University) Antitrust Actions Against Big Tech: Suppressing or Preserving Digital Innovation?

New Developments in Copyright Law1A Ruth Flaherty (University of East Anglia) Pastiche and Article 13: How the Proposed Copyright Directive Undervalues Unauthorised Derivative Works 1B Bukola Faturoti (Robert Gordon University) Copyright Balance in Renckhoff: What happened to the Scale?

Central Questions in IP Law: The ‘Value’ of IP2A Olga Gurgula (Brunel University) Strategic patenting in the pharmaceutical industry: a competition law perspective2B Alison Firth (Emeritus Professor University of Surrey, Visiting Professor QMUL and Newcastle Law School) Keynote

Insights from Patent Law3A Emmanuel Oke (University of Edinburgh) When is Intellectual Property an Investment?3B Patricia Covarrubia (University of Exeter) Compulsory patent licences: afraid or defying? Brazil and the Andean countries practices

Learning Lessons from UK and CJEU Case Law – IP in Context4A Jane Cornwell (University of Edinburgh) Lessons from the CJEU’s case law on trade marks and designs: Re-evaluating the Use (and usefulness) of Travaux Préparatoires in the interpretation of EU IP laws4B Mark Hyland (Bangor University) A critical evaluation of website-blocking injunctions in an IP context





2A Ernest Enobun (Crestle Zanders Legal Practitioner, Dundee) Re-evaluating the relevance of the ‘essential facilities’ doctrine to gas capacity market access in the third energy package 2B Michael Howard (Bangor University) Proprietary Digital Markets and Anti-Competitive Behaviour: How can EU Competition law respond?2C PANEL Discussion about the future of the EU Law and Competition Law section

3A Mary Guy (Lancaster Law School) Interdisciplinarity in EU and health research – Law and political science approaches to EU health law and policy 3B Tamara Hervey (University of Sheffield) Health Governance after Brexit: law, language and legitimacy3C Neza Subic (University College Dublin) Taking Social Rights Seriously in the Context of the European Arrest Warrant: a Normative Argument

4A Elena Gualco (University of Bedfordshire) From enfants prodiges to enfants terribles – Shaping and dismantling equality through EU general principles4B Michala Meiselles (University of Derby) Modelling franchise law in the European Union - Should the US model serve as a paradigm for franchise law in the EU? A comparative analysis of franchise law and proposed recommendations for reform of franchise law in the EU4C PANEL Discussion about the future of the EU Law and Competition Law Section

23


INTERNATIONAL LAW ADELPHI TVI

Practices of Recognition 1A Surabhi Ranganathan (University of Cambridge) Keynote 1B Ralph Wilde (University College London) Organized hypocrisy? Recognition of states and governments, and international human rights obligations1C Niko Pavlopoulos (University College London) The International Legal Framework for Identifying the Government of a State

SECTION B





LABOUR LAW

Convenors: Michelle Weldon-Jones & Natalia Delgado HARRINGTON 301

1A Stephen Hardy (Coventry University) Demise of the high street and the reframing labour law fit for the gig economy1B Desmond Ryan (Trinity College Dublin) The Uber worker status litigation in the Court of Appeal and the introduction of “broader considerations”: A critical analysis Chair: Natalia Delgado

2A Michelle Weldon-Johns (Abertay University) EU work-family policies revisited – finally challenging caring roles? 2B Alex Patrick (University of Southampton) The potential and the missed opportunity of mandatory equal pay auditing2C Eddie Keane (University of Limerick) De-Politicising Industrial Relations in the Irish Public Service

3A Rebecca Jiggens (University of Leeds) Disability, Justice and the Gig Economy3B Hannah Saunders (Durham University) Disfigurement: A visibly different approach to equality?3C Katja Karjalainen and Marjo Ylhäinen (University of Eastern Finland) On the Obligation to Provide Reasonable Accommodations

4A Esther Adebiyi (Leeds Beckett University) The Impact Human Resources Practices Have on Discrimination: A Study of the Lagos State Private Sector4B Natalie Sedacca (UCL) Migrant domestic workers and the right to work4C James Murphie (Faculty of Advocates) Having Your Cake and Eating It!





Human Rights and International Criminal Law2A Rossana Deplano (University of Leicester) Is the Universal Declaration of Human Rights Customary International Law? Rethinking the Relationship between National and International Law 2B Caleb H Wheeler (Middlesex University) Can International Criminal Trials Achieve their Goals?2C Alessandra Cuppini (University of Strathclyde) A restorative response to victims in proceedings before the International Criminal Court. Can restorative justice fully achieve the purposes of victims’ participation as well as the goals ascribed to the ICC?

Transitional Justice and International Criminal Law3A Asli Ozcelik-Olcay (University of Glasgow) Human Rights as a Framework for Negotiated Peace: Whose Peace? Which Human Rights? 3B Benjamin Thorne (University of Sussex) Legal Witnessing and Mass Human Rights Violations: Remembering Atrocities3C Anna Marie Brennan (University of Waikato) Utilizing the International Criminal Court as a Mechanism to Prosecute Collective Entities: Perspectives from Complexity Theory

Frameworks of Justice and Rule of Law4A Oisin Suttle (Queens University Belfast) Authority and Interpretation in Investment Protection: Reasons, Rationality and Social Justice4B Esmé Shirlow (Australian National University) International Articulations of the Rule of Law: Deference to Domestic Decision-Making in International Adjudication4C Akbar Rasulov (University of Glasgow) Keynote

24


LEGAL HISTORY

Convenor: Gwen Seabourne ADELPHI LECTURE THEATRE 4

1A Cerian Griffiths (Lancaster University) The Royal Navy and Eighteenth-Century Fraud Prosecution1B Ruth Lamont (University of Manchester) The Changing Status of the Victim in the Criminal Trial: Autonomy or Authority?


MEDIA & COMMUNICATIONS LAW

Convenor: Gavin Sutter GREENBANK 273

The Chilling Effect Returns1A Audrey Guinchard (University of Essex) Information leaks in light of the Computer Misuse Act 1990 and Article 10 ECHR: proposal for a public interest defence for journalists and whistle-blowers to protect established newsgathering practices 1B David Acheson (University of Kent) The Digital Defamation Damages Dilemma







2A Maebh Harding (University of Warwick) Keynote: Victorian family law/modern Irish implications2B Geoffrey Samuel (Kent Law School, Canterbury) Historiography and Legal History: What Has Legal History Been?


3A Kate Leader (University of York) From the Beargardens to the County Court: Inventing the Litigant in Person3B John Picton (University of Liverpool) Donor Intention and Shifting Policy Frames

4A Jonathan Brown (Robert Gordon University, Aberdeen) Historical Perspectives on Slavery in 21st Century Scotland4B Rebecca Shaw (University of Bristol, University of Exeter) The leges Iuliae and its narratological blueprint4C Daniel Herron (Miami University) Hayek’s Theory of Spontaneous Order and the Normative Development of the Free Market and Common Law

The Rise of the News-generating Machines 2A Paolo Cavaliere (University of Edinburgh) Reframing Truth and Harm in the Era of Disinformation – fake news2B Anette Alén-Savikko (University of Helsinki) “The Emperor’s New Clothes” –Notes on Transparency in News Automation

Renationalising Management of Cyberspace? 3A Irini Katsirea (University of Sheffield) Keynote: From the ‘right to be forgotten’ to the German Network Enforcement Act: Are private platforms fit to act as the guardians of free speech?3B Päivi Korpisaari (University of Helsinki) Freedom of Expression and Web site Administrator´s Liability for Offensive Content in Social Media

Roundtable Discussion Regulating Media in the Online Context

25


MEDICAL LAW

Convenors: Isra Black & Tracey Elliot ADELPHI CONF RM AB226

Younger subjects and objects of health law1A Emma Cave (Durham University) and Craig Purshouse (Leeds University) Keynote: ‘Information disclosure post-Montgomery: What about the children?’ 1B Semande Ayihongbe (Newcastle University) The Juvenile Cyborg: Who owns a medical implant in the body of a child?

SECTION B






Practical ethics 2A Caterina Milo (Durham University) Abortion: a question of choice? Proposing a model of authentic autonomy in the UK abortion context2B Clayton Ó Néill (Queen’s University Belfast) Dementia and Patient safety: A Gewirthian Analysis2C Shaun Pattinson (Durham University) Bioethics by Committee

Health law and technology3A Yuanqiong Hu (Durham University) Common Heritage, Intergenerational Justice or Others? Revisiting Legal Principles in the era of Human Genome Editing3B Morgan Shimwell (Nottingham Trent University) “Virtual Legality”: How Medicines Online Disrupt the Law

Civil Liberties2A Benedict Douglas (Durham University) What has love got to do with it?2B Lovleen Bhullar (University of Edinburgh) Realising rights, ensuring human dignity: the Indian experience in water pollution cases

The MCA 2005: doctrine, concepts, norms4A Suzanne Doyle Guilloud, Judy Laing, Sheelagh McGuinness (Bristol University) The development of the concept of “best interests” in adult healthcare decision-making in England and Wales4B Camilla Kong (ICPR), Penny Cooper (ICPR) An Aide Memoire for a Balancing Act? Evaluating the “Balance Sheet” Approach to Best Interests Decision-Making4C John Coggon (Bristol University), Mikey Dunn (University of Oxford) From Best Interests to Better Interests? Values, Unwisdom, and Objectivity in Mental Capacity Law


OPEN B

Convenor: David Marrani HARRINGTON 308

Jurisprudence 1A Daniel Weston (University of Leicester) Hate Speech as Action in Free Speech Theory: A Critique of the Application of Speech Acts to Hate Speech 1B John Magyar (University of Cambridge) An Epistemological Justification of Doctrinal Legal Research Methodology


PRACTICE, PROFESSION & ETHICS

Convenor: Graham Ferris GREENBANK LECTURE THEATRE

1A Andrew Francis (University of Leeds) Keynote: Arenas of Professionalism Revised: Legal Education and Professional Practice1B Joanne Urmston (University of Chester) SQE: Where are the ethics?







2A Karen Richmond (University of Strathclyde) Measuring Justice: neo-Wigmorean quantitative analysis of evidential narratives2B Trevor Clarke (UCL Laws) Understanding Contextual Pressures on the Professionalism of Corporate lawyers: A Review of the Existing Empirical Literature

2A Man Yip (Singapore Management University) The Many Different Types of Family Home Disputes: A Comparative Review2B Victoria Ball (Leicester University) ‘Loss as a necessary and sufficient criterion of eligibility to sue’ in the Property Torts 2C Louise Glover (Sheffield University) The limits of private (property) law: when, why and how to regulate? A comparative study of the real and virtual spaces that we occupy: mortgages, leases and data

3A Hamish Dempster (Victoria University) Options to purchase real estate and equitable interests3B Peter Devonshire (Auckland University) Re-Examining The Siskina Doctrine: Recent Developments

4A Neil Maddox (Maynooth University) The Homicidal Joint Tenant4B Sue Farran (Northumbria University) Are environmental charities getting their feet wet when they lobby for marine protected areas? 4C Richard Hedlund (Lincoln University) The end to testamentary freedom – a critical reassessment of the Inheritance (Family Provision) Act 1938

3A Michael Webster (University of Warwick) Challenging Rationalistic Models of Lawyer Decision Making – the Role of Self-view, Parallel Influences and Post-Rationalisation of behaviour3B Elspeth Berry (Nottingham Trent University) Partnership structures: used or abused?3C David Sixsmith (University of Sunderland) A Briggs over Troubled Water: Is the Civil Courts Structure Review a Realistic Solution for Litigants in Person?

4A Natalie Wortley (Northumbria University) Unfitness to plead and the court appointed advocate4B Eleanor Rowan (University of Birmingham) How Independent is Independent Legal Advice? 4C Kieran Lee Marshall (King’s College London) Making Regulation and liability Matter: Rethinking the Qualifying and Professional Education Reforms in law

26


PROPERTY & TRUSTS

Convenor: Martin George ADELPHI LECTURE THEATRE 5

1A Duncan Sheehan (Leeds University) Fiduciary Relations: Their Scope and Remedies 1B Joyman Lee (UCL) The Irreducible Core of Trustee Duties in English and Asian Civil Law Trusts1C Rachel Leow (National University of Singapore) Proper Purposes



RESTITUTION

Convenors: Niamh Connolly & David Salmons HARRINGTON 333

1A Matthew Harrington (Université de Montréal) Good Conscience and the Constructive Trust 1B Andrew Burrows (University of Oxford) In Defence of Unjust Enrichment







2A Craig Rotherham (Nottingham University) Understanding Negotiating Damages: Restitution for Wrongs after One-Step (Support) v Morris-Garner2B Catherine de Contreras (Durham University) Restitutionary remedies: what does Equity add?2C Timothy Liau (University of Oxford) Revisiting Re Diplock in ITC’s aftermath: Rights, Standing, and ‘at the expense of’

3A Adam Reilly (Coventry University) Categorising Equitable Rescission: Rights, Remedies and Unjust Enrichment3B Manuel González (University of Oxford) The law of restitution, illegality and confiscation of proceeds of crime

4A Martin Fischer (University College London) Mistake as a Failure of Rationality4B James Lee (KCL) Property, Unjust Enrichment and Reality

2A Katherine Cousins (University of Sheffield) The Reintroduction of the Income Tax Revisited: Business interests and the importance of acquiescence2B John McLaren (University of Tasmania) The US and Australia now have a low-income tax clinic program: Should the UK consider the merits of adopting a similar scheme?2C Melissa Elechiguerra (KCL) A multidisciplinary approach to the Protection of Taxpayers’ Rights in Europe: Under the exchange of information perspective

3A Stephen Daly (King’s College London) Priority-setting in tax administration3B Bronwyn McCredie & Kerrie Sadiq (Queensland University) Redistributing Tax to Address Inequality Propagated by Automation3C Vincent Ooi (Singapore Management University) The Definition of Employment in the “Gig” and “Platform” Economy: Tax Law and Labour Law Perspectives

4A SMichelle Markham (Bond University) Are Advance Pricing Agreements the optimal controversy management tool in the post-BEPS era? 4B Amy Lawton (Lancaster University) Tax with a Capital ‘T’: Understanding the Concept of a Taxn

SECTION B

27


TAX LAW

Convenors: Anzhela Cedelle & Stephen Daly ADELPHI LECTURE THEATRE 2

1A Guilherme Navarro (Lisbon University) Brazil’s Entrance in the OECD and the Consequences at the Level of Brazilian Indirect Taxation 1B Tu Tran (University of Leeds) Tax Evasion of Micro, Small, and Medium-Sized Enterprises in Developing Countries: A Behavioural Law and Economics Approach1C Ranjana Gupta (Auckland University) The Case for Tax in Democracy


28

STAND 1

Oxford University PressClare WeaverOxford University PressGreat Clarendon StreetOxford, OX2 6DP

[email protected] 01865 556767

www.oxfordtextbooks.co.uk/law

STAND 2

HART PublishingSinead Moloney Hart Publishing, Kemp House Chawley Park, Cumnor Hill Oxford, OX2 9PH


www.hartpublishing.co.uk

STAND 3

Edward Elgar PublishingMiss Iram SattiThe Lypiatts 15 Lansdown Road Cheltenham, GL50 2JA


www.e-elgar.com

STAND 4

Routledge - Taylor and Francis Group4 Park SquareMilton Park, AbingdonOxon, OX14 4RN

02070 174684www.routledge.com

STAND 5

Edinburgh University PressLaura WilliamsonThe Tun – Holyrood Road12 (2F) Jacksons EntryEdinburgh, EH8 8PJ


www.edinburghuniversitypress.com

PUBLISHERS’ EXHIBITION


STAND 6

Bristol University PressRebecca Tomlinson1-9 Old Park Hill Clifton Bristol, BS2 8BB

rebecca.tomlinson@ bristol.ac.uk

01179 545956www.bristoluniversitypress.co.uk

STAND 7

Cambridge University PressLaura Newby and Caitlin Lisle University Printing HouseShaftesbury RoadCambridge, CB2 8BS


www.cambridge.org/academic

STAND 8

Thomson Reuters5 Canada SquareLondonE14 5AQ

0345 600 9355www.legalsolutions.thomsonreuters.co.ukwww.sweetandmaxwell.co.uk

STAND 9

Intersentia Ltd Ann-Christin Maak-Scherpe8 Wellington StreetCambridge, CB1 1HW


www.intersentia.co.uk

29

PUBLISHERS’ EXHIBITION


30

PRESTON CITY CAMPUS MAP



• Holiday Inn

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Society of Legal Scholars 111th Annual ConferenceUniversity of Exeter

In a departure from tradition, we will not be adopting a theme for the 2020 conference. This is to enable as wide a range of legal scholarship as possible to be presented and discussed in the subject sections.

In a further change to the usual order, instead of holding a separate PhD conference we will be replacing one of the plenaries with a special session for PhD students to present their work. The aim is to bring PhD students into the heart of the conference, and all delegates will be encouraged to attend and support those at the start of their academic careers. PhD students are of course also very welcome to submit papers to any of the existing sections.

All of the venues will be situated on the university’s Streatham campus. This is an attractive 300-acre estate overlooking the city, with excellent facilities and plenty of green places to explore. The plenaries, publishers’ exhibition, and subject sections will be held in the Forum, a wonderful space that allows plenty of scope for social interaction (and which featured in ITV’s Broadchurch). Reasonably priced accommodation will be available close at hand in Holland Hall, which has stunning views of the Exe valley. Social events will also be held on campus, to ensure that they are as accessible as possible to all. There will be a reception and barbecue on the Tuesday evening, dinner in the Great Hall on the Wednesday, and a quiz with a fish-and-chips supper on the Thursday. And of course, no trip to Exeter would be complete without a traditional Devon cream tea (cream first, jam second!).

The campus is just a 10-minute walk from the main station, Exeter St David’s, from where there are regular and direct services to London and Birmingham. There is also a regular bus service to Exeter airport, with direct flights from London City, Aberdeen, Belfast, Dublin, Edinburgh, Glasgow, Leeds/Bradford, Manchester, Newcastle, and Norwich. For those planning to drive, Exeter is linked by the M5 to the Midlands and South Wales, and by the M5/M4 and the A303/M3 to London and the Southeast.

The campus is only a 20-minute walk from Exeter city centre. For anybody wanting to take some time out to explore this beautiful and historic city, there will be a legal-themed walk and a trip to the cathedral. And for the particularly energetic there will be a run/jog along the River Exe and its historic quayside.

Further information about the 2020 conference will be available on the conference website in due course, and registration will open in May 2020. I very much look forward to welcoming you to Exeter next year!

Rebecca ProbertProfessor of LawUniversity of ExeterVice-President, Society of Legal Scholars

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The 111th Annual Conference of the Society of Legal Scholars will be held at the University of Exeter, from the afternoon of

Tuesday 1st September until lunchtime on Friday 4th September 2020.

Documents

SLS 2019 110TH ANNUAL CONFERENCE Central Questions About … · Society, Central Questions about Legal Education, Scholarship and Research. I am delighted that we have attracted such