Digital evidence as a means of proof before the International Court of Justice

This article discusses the use of digital evidence as a means of proof before the International Court of Justice (ICJ). The absence of specific Court rules and procedures for digital evidence (with the exception of Practice Direction IX bis) is not necessarily an obstacle to its production and evaluation before the ICJ, as the general evidentiary rules can also be applied to digital evidence. The article first looks at the rules on the production of documentary evidence and then examines the specific issues related to audiovisual evidence. Finally, it examines the admissibility of digital evidence unlawfully obtained by a litigant through unilateral transborder access to data. The article concludes that, even if specific regulation may be needed as to the specific way in which authenticity and accuracy of digital evidence are to be established, the particular facts of the case and the grounds of challenge can vary widely, and it is doubtful that any regulation could be sufficiently flexible to deal with this in advance.

Disability Discrimination: Obesity and the Court of Justice of the European Union’s decision in Karsten Kaltoft v Billund Kommune Case C-354/13 ECJ

Walker and Karsten are two important decisions in disability discrimination law – not solely on the basis of their legal and practical repercussions for the United Kingdom (UK) and European Union (EU), respectively, but because they capture the very ideological spirit of domestic and European anti-discrimination legislation. The former directly relates to disability discrimination in the UK and the entire EU is feeling the brunt of the Court of Justice of the European Union’s decision in the latter. This article explores the impact of both these decisions and to what extent the obese or those suffering from a functional overlay are now protected from being discriminated against by the Framework Directive 2000/78 and the United Kingdom’s Equality Act 2010.

An investigation of container train service provision and load factors in Great Britain

The continued growth in the volume of international trade poses considerable economic and sustainability challenges, particularly as transport routes become more congested and concern grows about the role of transport movements in accelerating climate change. Rail freight plays a major role in the inland transport of containers passing through the main British container ports, and potentially could play a more significant role in the future. However, there is little detailed understanding of the nature of this particular rail market, especially in terms its current operating efficiency. This paper examines container train service provision to/from the four main ports, based on analysis of a representative survey of more than 500 container trains between February and August 2007. The extent to which the existing capacity is utilised is presented, and scenarios by which the number of containers carried could be increased without requiring additional train service provision are modelled, to identify the theoretical potential for greater rail volumes. Finally, the paper identifies the challenges involved in achieving higher load factors, emphasising the importance both of wider supply chain considerations and government policy decision-making.

Technology transfer in Britain: the case of monoclonal antibodies

In 1975 two Cambridge scientists published a short article in Nature which announced the discovery of monoclonal antibodies. The article concluded ‘Such cultures could be valuable for medical and industrial use’. The interest which developed by the end of the decade in the industrial and financial possibilities of the new prospects opening up in biotechnology was to throw the apparent ‘failure’ to follow‐up the potentialities of this discovery into a public prominence rarely achieved by scientific discoveries. By the time Mrs Thatcher came to power it had become a scandal, another example of Britain's apparent inability to exploit effectively the brilliance of its scientific base. It was to explore both the process of scientific discovery and the conditions in Cambridge which nurtured it, and the issues which this particular discovery raised in the area of technology transfer (and the changes of policy that ensued), that the Wellcome Trust's History of Twentieth Century Medicine Group and the Institute of Contemporary British History organised this special witness seminar. It was held at the Wellcome Trust in London on 24 September 1993. The seminar was chaired by Sir Christopher Booth and introduced by Dr Robert Bud of the Science Museum. Those participating included the two authors of the Nature article, Dr César Milstein and Dr Georges Köhler, who received a Nobel Prize for their research, Dr Basil Bard (National Research Development Corporation [NRDC] 1950–74), Sir James Gowans (Secretary of the Medical Research Council [MRC] 1977–87), Sir John Gray (Secretary of the MRC 1968–77), John Newell (BBC World Service science correspondent 1969–79), Dr David Owen (MRC), and Dr David Secher (Laboratory of Molecular Biology [LMB], Cambridge). There were also contributions from Dr Ita Askonas (former head of immunology at the National Institute for Medical Research), Dr John Galloway (former member of MRC headquarters staff), Dr David Tyrrell (former Director, MRC Common Cold Unit), Professor Miles Weatherall (head of Therapeutic Research Division, Wellcome Research Laboratories 1967–75), Dr Guil Winchester (post‐doctoral fellow, Wellcome Institute for the History of Medicine), and Dr Peter Williams (former Director of the Wellcome Trust). The organisers would like to thank the Wellcome Trust for hosting and sponsoring the seminar. We would like to dedicate this publication to the memory of Georges Köhler, who sadly died in April 1995 before this could appear.