Cohabitation: quantifying an equitable share

Discusses the House of Lords judgment in Stack v Dowden on the factors the courts may consider when determining whether to rebut the presumption that former cohabitees, who were registered as joint legal owners of a property, were also joint beneficial owners with equal shares in the property. [From the Legal Journals Index]

Quantifying the beneficial interests of cohabitees

Discusses entitlements to a share of the sale proceeds of the family home where partners are cohabiting but not married and the property is registered in the name of one person only. Explains the obligation to establish that a cohabitee has an equitable interest in the property under the principles of constructive or resulting trusts. Considers how the court is able to quantify the respective shares, both before and after Oxley v Hiscock. [From the Legal Journals Index]

What's exceptional?

Outlines the factors which the court needs to consider when deciding whether to grant an application for the sale of a property where the owner becomes bankrupt. Considers the different priorities to be given to the claims of trustees in bankruptcy and to secure lenders, with reference to the Trusts of Land and Appointment of Trustees Act 1996 ss.14 and 15, the Insolvency Act 1986 s.355A, and the exceptional circumstances in which claims will not be granted. Explores case law, in particular the Court of Appeal ruling in Avis v Turner, and the implications of the Human Rights Act 1998. [From Legal Journals Index]

A last resort

Considers the situations in which the presumption of advancement should apply to gifts given to family members and how this relates to the presumption of a resulting trust, whereby the law presumes that gifts are to be held for the benefit of the donor unless expressed otherwise, with reference to the Privy Council ruling in Antoni v Antoni. Highlights the bias inherent in the presumption of advancement where it operates for gifts given by husbands to wives, but not the other way round. [From Legal Journals Index]

No vacancies

Draws attention to the difficulties of the requirement that pupillages must usually be undertaken full time, particularly for mature and female entrants to the profession. Suggests options for making pupillage more flexible and therefore widening access to the Bar. [From Legal Journals Index]

Constructive notice and independent legal advice: a study of lending institution practice

Cases on when lending institutions will be put on inquiry as to circumstances giving rise to presumption of undue influence, and results of research on lending practice of residential mortgage lenders in light of case law. [From Legal Journals Index]

Undue influence: back door tactics?

Implications of CA decision on whether it was abuse of process for bank to pursue remedy against mortgagor by suing on personal covenant which could result in bankruptcy following successful defence of possession proceedings by wife. [From Legal Journals Index]

Leases, licences and contractual tenancies

Whether grant of exclusive possession to flat created residential tenancy where grantor was itself licensee and had no interest in land from which it could grant tenancy and both parties intended that agreement would create licence. [From Legal Journals Index]

Partners moving freely

Examines the provisions of European Parliament and Council Directive 2004/38 protecting the rights of EU citizens' partners to move freely within the EU. Highlights criticisms of the previous legislation, in particular, the lack of rights for cohabitees. Considers the extension of rights to registered partners, and the improved position of unmarried partners, noting, however, the lack of guidance on whether an unmarried couple's relationship is "durable" and "duly attested". Explains the circumstances in which non-EU spouses will not now lose the right of residence on divorce. [From Legal Journals Index]

Legal myth-making: Medea and the legal representation of the feminine ‘other'

The Law operates by, and through, the creation of ideal benchmarks of conduct that are deemed to be representative of the behavioural norm. It is in this sense that it could be contended that the Law utilises, and relies on, myths in the same way as do other disciplines, notably psycho-analysis. It is possible to go even further and argue that the use of a created narrative mythology is essential to the establishment of a defined legal benchmark of behaviour by which the female defendant is assessed, judged and punished. While mythology expresses and symbolizes cultural and political behaviour, it is the Law that embodies and prescribes punitive sanctions. This element represents a powerful literary strand in classical mythology. This may be seen, for instance, in Antigone’s appeal to the Law as justification for her conduct, as much as in Medea’s challenge to the Law though her desire for vengeance. Despite its image of neutral, objective rationality, the Law, in creating and sustaining the ideals of legally-sanctioned conduct, engages in the same literary processes of imagination, reason and emotion that are central to the creation and re-creation of myth. The (re-)presentation of the Medea myth in literature (especially in theatre) and in art, finds its echo in the theatre of the courtroom where wronged women who have refused to passively accept their place, have instead responded with violence. Consequently, the Medea myth, in its depiction of the (un)feminine, serves as a template for the Law’s judgment of ‘conventional’ feminine conduct in the roles of wife and mother. Medea is an image of deviant femininity, as is Lady Macbeth and the countless other un-feminine literary and mythological women who challenge the power of the dominant culture and its ally, the Law. These women stand opposed to the other dominant theme of both literature and Law: the conformist woman, the passive dupe, who are victims of male oppression – women such as Ariadne of Naxos and Tess of the D’Ubervilles – and who are subsequently consumed by the Law, much as Semele is consumed by the fire of Jupiter’s gaze upon her. All of these women, the former as well as the latter, have their real-life counterparts in the pages of the Law Reports. As Fox puts it, “these women have come to bear the weight of the cultural stereotypes and preconceptions about women who kill.”

Counter-terrorism, anti-extremism, armed conflict and human rights: using a Russian case study

This paper critically examines Russia’s compliance with human rights obligations and the rule of law in its ‘war on terror’. It seeks to draw wider parallels with respect for human rights in the framework of the fight against ‘new global terrorism’. Threats to due process, the discriminatory application of the forces of law and order specifically against perceived “non-traditional” Muslim communities, and a ratcheting up of fear of an Islamist threat can be traced following the war in Chechnya and the handling of the Dubrovka Theatre and Beslan school sieges. To what extent are there commonalities with UK complicity in the practice of extraordinary rendition, with atrocities perpetrated in Iraq and Afghanistan, and abuses in Abu Ghraib and Guantanamo? Are the impact of these reflected in domestic security policy and British minority ethnic community relations? [From the Author]

What Attitude Changes Are Needed to Cause SMEs to Take a Strategic Approach to Information Security?

Spending on security in an SME usually has to compete with demands for hardware, infrastructure, and strategic applications. In this paper, the authors seek to explore the reasons why smaller SMEs in particular have consistently failed to see securing information as strategic year-on-year spending, and just regard as part of an overall tight IT budget. The authors scrutinise the typical SMEs reasoning for choosing to see non-spending on security as an acceptable strategic risk. They look particularly at possible reasons why SMEs tend not to take much notice of "scare stories" in the media based on research showing they are increasingly at risk, whilst larger businesses are taking greater precautions and become more difficult to penetrate. The results and their analysis provide useful pointers towards broader business environment changes that would cause SMEs to be more risk-averse and ethical in their approach to securing their own and their clients’ information.

La contribution du tribunal pénal international pour l'ex-Yougoslavie au développement des sources du droit international public : le dilemme normatif entre droit international classique et droit international pénal

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit - option recherche(LL.M)"