Summary of the impact

Influential work on insurance law by Professor Rob Merkin led directly to the repeal of the outmoded and increasingly unpopular Third Parties (Rights Against Insurers) Act 1930. With its predecessor criticised for its demands on time and costs, a new Act made it simpler, faster and cheaper for a third-party claimant to recover compensation from an insurer without instituting proceedings against the insured. Merkin not only drew policymakers' attention to the old Act's defects but provided a detailed basis on which to formulate its successor, which earned Royal Assent in 2010.

Summary of the impact

The predominant perception of the relationship between Islamic law and international human rights law is that of one grounded in conflict, with Islamic law often presented as fundamentally incompatible with the tenets of international human rights. Mashood Baderin's research challenges this notion, arguing that, while the two legal systems operate differently in terms of scope and application, they also share important commonalities that facilitate the fulfilment of human rights obligations in Muslim states. The research has resulted in Baderin's appointment to a number of high-profile advisory roles that have enabled a significant contribution both to the guaranteeing of human rights in Islamic countries, and to the shaping of UK foreign policy.

Summary of the impact

1. New methodology for researching and teaching human rights law and empirical research used in biosecurity law
2. Pioneering a human rights model of disability through an international project leading to development of strategies for monitoring law and training future legal practitioners in disability rights
3. Developing a model for pro bono undergraduate research projects in the local community
4. A student feedback guide and model adaptable across disciplines which has been referred to in law schools
5. New visual teaching aids - accessed by the global law tutor and legal education market
6. An innovative use of mobile phone voting technology.

Summary of the impact

Under Jersey law, the right to inherit property has historically been affected by factors such as the legitimacy of a child and the gender of a spouse. This research, which was commissioned by the Jersey Community Relations Trust, concluded that aspects of the law were discriminatory and did not comply with human rights legislation. As a direct result of the research the law was amended so that illegitimate children were given the same fixed rights of inheritance as legitimate ones, and the fixed rights of inheritance of a widow and widower are now unified.

Summary of the impact

This research has made a sustained and continuing impact on the development and application of the substantive criminal law, including mens rea and general defences, and especially in the areas of complicity and homicide, in terms of

i) development of the law by the appellate courts;

ii) application of the law by practitioners; and

iii) government policy as to the reform of the law of murder and complicity.

Summary of the impact

Two particular examples of impact on legislative change and legal practice are described: impact on the parliamentary process and impact on mental health practice and procedure. The first example describes contribution to debate during the parliamentary process for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and contribution to the decision to reject rushed emergency legislation. The research team's response to the consultation by the Justice 2 Committee was widely referred to by organisational representatives and individuals in the debates. The second example focuses on the impact from a key text, which has been used by both sides and judges in Sheriff Court appeals. The impact here is in its verifiable effect on the practice of law in courts and in the making of legal determinations.

Summary of the impact

A research programme led by Boyle in Edinburgh (with Birnie (LSE) and Redgwell (UCL)) pioneered the discipline of international environmental law. That work, in turn, informed the infrastructure for international environmental law in practice. Through Boyle's work as legal counsel in several high-profile international cases (2010-11), his proposed subject-paradigm has been translated from theory to legal framework. Crucially, it has been endorsed and applied by both the International Law Commission and relevant international courts, including the International Court of Justice.

Summary of the impact

In 2010 the Ministry of Justice formally accepted recommendations by the Law Commission to introduce a new non-statutory rule of disclosure for trustee exemption clauses in England and Wales. Newcastle research had a direct impact upon the development of the law on trustee exemption clauses. In 2002 Dunn successfully tendered to undertake research on trustee exemption clauses in England and Wales on behalf of the Law Commission. Dunn's research was published by the Law Commission as a separate and distinct chapter of its consultation paper on trustee exemption clauses. The research (alongside consultation responses) influenced the Law Commission's recommendation that a non-statutory rule of disclosure be introduced into the law of England and Wales. This recommendation was accepted by the Government in 2010 and has been implemented by the trust industry.

Summary of the impact

Professor John Finnis has been engaged in a programme of research in legal and constitutional theory. His work on the legal and political responsibilities of UK ministers when acting to affect the law of a British Overseas Territory played a pivotal role in the decision of the House of Lords to reverse the Court of Appeal`s interpretation of the Colonial Laws Validity Act 1865 (CVLA). The Court of Appeal had held that UK ministers could not properly legislate in the interests of the UK as a whole (including its dependent territories), but only in the interests of the particular territory itself. Relying on Finnis`s arguments, the House of Lords changed that precept. Finnis`s work also persuaded members of the House of Lords to express doubts about a central holding of an earlier decision, which concerned the capacity in which ministers acted in legislating in dependent territories. Finnis`s arguments have been relied on in legal argument in later cases, and have been recognised and reaffirmed in subsequent Court of Appeal and Supreme Court judgments. In this way, they have helped to change fundamental constitutional principles affecting not only all citizens in the UK, but also those in its Overseas Territories around the world.

Summary of the impact

Professor Adrian Keane's research relates to the law of criminal evidence, that body of law which regulates the means by which facts can be proved in criminal trials. His publications on the subject have effected change and benefited the awareness, capacity, performance and understanding of the subject on the part of:

(i) the judiciary in the UK and internationally, in reaching decisions at both first instance and at appellate level; and in giving directions to juries on evidential issues that are as clear and consistent as possible

(ii) legal practitioners

(iii) law academics and students (an impact that extends significantly beyond the submitting higher education institution)

(iv) legislators in the People's Republic of China.

The most significant impact stems from participation in a project in Beijing that led directly to a revised Criminal Procedure Law that has improved the quality of the administration of Chinese criminal justice. Specifically, it has rendered criminal trials fairer to the accused and reduced the potential for miscarriages of justice, especially in relation to offences carrying the death penalty.