Commentary on Tonson v. Collins (1762)

Significant case in which the arguments for and against the existence of copyright at common law were extensively debated for the first time before the Court of King's Bench. Both William Blackstone (author of Commentaries Upon the Laws of England, and one of the judges to hold in favour of the common law right in Donaldson v. Becket (uk_1774)) and Joseph Yates (who would later provide the dissenting opinion in Millar v. Taylor (uk_1769)) appeared on behalf of the plaintiff and the defendant respectively.

Commentary on Millar v. Taylor (1769)

Decision of the Court of King's Bench providing that, regardless of the provisions of the Statute of Anne 1710 (uk_1710), an author enjoyed the exclusive right of publishing his work in perpetuity.
Lord Mansfield, leading a majority decision of the court, provides a robust and influential justification as to the existence of an author's rights in literary property at common law. Yates, J., focussing upon the potential detriment to the public that would flow from the existence of a perpetual right, provides the dissenting opinion. The commentary explores the background to the litigation, in particular the nature of the threat which the Scottish reprint industry posed to the London book trade, relevant case-law leading up to the decision, as well as the substance of the judicial opinions.

Commentary on Beckford v. Hood (1798)

Case in which the King's Bench decided that a plaintiff could recover damages at common law for copyright infringement even though his work had not been registered with the Stationers' Company in accordance with the formalities set out in the Statute of Anne 1710 (uk_1710).
The case provides the first occasion on which the judiciary revisited and reconsidered the meaning of the House of Lords' decision in Donaldson v. Becket (uk_1774). The commentary explores the substance and significance of the decision and, in particular, the influence it had upon the manner in which the decision in Donaldson was subsequently understood throughout the early nineteenth century. The commentary also details the impact the decision had upon the extent to which publishers would adhere to the library deposit provision within the copyright legislation.

Commentary on Copyright Act 1801

Legislation extending the effect of the Statute of Anne 1710 (uk_1710) to Ireland (following the Act of Union 1800 and the unification of Great Britain and Ireland), as well as the first statutory provision to make use of the term ‘copyright'. The commentary assesses the substance of the legislation, its relationship with the King's Bench decision of Beckford v. Hood (uk_1798a), and its impact upon the Irish book trade.

Murray v McCullough (as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School) [2016] NIQB 52

Considers the Northern Ireland Queen’s Bench Division ruling in Murray v McCullough concerning the duty of care incumbent upon the school with regard to the wearing of mouth guards by pupils when playing hockey. Comments on the limitations of the legal doctrine of in loco parentis in cases of professional negligence and, how ‘sports law’ jurisprudence might prove instructive in sports negligence cases.

Fixed-boundary constituencies and the principle of equal representation in Ireland

The process of constituency boundary revision in Ireland, designed to satisfy what is perceived as a rigid requirement that a uniform deputy-population ratio be maintained across constituencies, has traditionally consumed a great deal of the time of politicians and officials. For almost two decades after a High Court ruling in 1961, the process was a political one, was highly contentious, and was marked by serious allegations of ministerial gerrymandering. The introduction in 1979 of constituency commissions made up of officials neutralised, for the most part, charges that the system had become too politicised, but it continued the process of micro-management of constituency boundaries. This article suggests that the continuing problems caused by this system – notably, the permanently changing nature of constituency boundaries and resulting difficulties of geographical identification – could be resolved by reversion to the procedure that is normal in proportional representation systems: periodic post-census allocation of seats to constituencies whose boundaries are based on those of recognised local government units and which are stable over time. This reform, replacing the principle of redistricting by the principle of reapportionment, would result in more recognisable constituencies, more predictable boundary trajectories over time, and a more efficient, fairer, and speedier process of revision.