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National and international development and reform of the law of criminal evidence

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.

Submitting Institution

City University, London

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Ensuring that the interests of the UK are considered when courts affect the law of a British Overseas Territory

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.

Submitting Institution

University of Oxford

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Political Science
Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

The Feminist Judgments Project

Summary of the impact

The Feminist Judgments Project put theory into practice by engaging in a real world exercise of writing feminist judgments in leading cases in English law. In doing so it demonstrated the value of judicial diversity, the extent to which women's experiences and concerns continue to be poorly reflected in law, and the contingency of appellate decision-making. It has had a significant impact in three major ways. First, it has made an important contribution to policy debates regarding the value of judicial diversity; second, it has raised awareness and understanding among judges, legal professionals, NGOs and the wider public of the contribution of a feminist approach to judicial decision-making; and, third, it has had far-reaching benefits for teachers and students, both in the UK and internationally. While the FJP was a highly collaborative project (deriving much strength from this fact), Professor Hunter's research played a distinct and major role in shaping it and she jointly led and co-ordinated its activities from Kent. Other Kent scholars contributed judgments and commentaries.

Submitting Institution

University of Kent

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Promoting Equality and Diversity

Summary of the impact

Malleson and Barmes' research at QMUL on how to promote equality and diversity has influenced policy and legislation through its impact on a number of official bodies, including the Advisory Panel on Judicial Diversity in 2009/10, the House of Lords Constitution Committee Inquiry on Judicial Appointments in 2011/12, the Joint Committee on Human Rights report on the Equality Bill in 2009, the Advisory Panel for the selection of judges to the Court of Justice of the European Union (`CJEU') in 2010 and also of the Coalition for the International Criminal Court (`CICC') in 2011. As founder members of the Equal Justices Initiative (`EJI') and of the AHRC research network, `Promoting Equality and Diversity through Economic Crisis' (`PEDEC'), their research has also informed public and policy understanding of equality and diversity issues more widely.

Submitting Institution

Queen Mary, University of London

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Studies In Human Society: Policy and Administration
Law and Legal Studies: Law

Legal Issues in Regard of Accrediting Academic Degree Programmes in Germany

Summary of the impact

About 8 years ago, German regional governments agreed to establish a new system for accrediting academic degree programmes which are offered by German higher education institutions (`Hochschulen'). There are more than 400 such institutions in Germany. This research discusses some controversial legal issues relating to this new system. Several judicial rulings in Germany followed the legal reasoning which the research had developed. Thus the research has had impact on the outcome of legal actions in Germany. One of these actions may turn out to be rather significant, should the Constitutional Court rule that the Act establishing the accreditation system is in breach of the Basic Law.

Submitting Institution

Brunel University

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Law and Legal Studies: Law

LRC (Commercial Law)

Summary of the impact

The statutory definition of "insolvency" involves proving a debtor's "inability to pay debts." In corporate insolvency, this definition is found in s123 Insolvency Act 1986. Although s123 has existed for over a hundred years (in various forms), its meaning has not been fully understood. The historical explanation of this definition, found in the underpinning research, as to the true meaning of the definition, has been adopted by the Supreme Court (in May 2013) in BNY Corporate Trustee Services Limited v Eurosail [2013] UKSC 28 in overruling the Court of Appeal's "point of no return" interpretation of s123.

Submitting Institution

University of Wolverhampton

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

How research on diversity (specifically sexual orientation) within various institutions of justice has influenced policy development and reform initiatives.

Summary of the impact

This case describes Professor Moran's research on perceptions, expectations and experiences of sexual orientation discrimination and how they affect the lives of those who work in the justice and legal services sector. His impact has been two-fold. His research has informed policy development, reform initiatives and operational practice within the Judicial Appointments Committee. And he has raised the profile of sexual orientation which previously had not featured on the diversity agenda in the legal professional and justice sector. Raising awareness of sexual orientation as a diversity characteristic has led to campaigns and training initiatives to support career development for LGBT legal professionals.

Submitting Institution

Birkbeck College

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Criminal law, complicity and homicide

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.

Submitting Institution

University of Central Lancashire

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Successful Introduction of a new non-statutory rule of disclosure for Trustee Exemption Clauses

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.

Submitting Institution

Newcastle University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Developing the law of duress

Summary of the impact

Professor Enonchong's research has had a direct and significant effect on the development of the law relating to economic duress in Singapore and the Commonwealth. Prior to the relevant impact, the law relating to lawful act duress was in a state of flux. The High Court of Singapore relied directly and exclusively on Enonchong's research to extend the scope of duress in a completely novel way, so as to encompass a threat to do an act that is lawful. The beneficiaries of the impact are all those (such as courts, arbitral tribunals, lawyers and their clients) who rely on the law of Singapore, which is influential throughout the Commonwealth, particularly as currently there is no decision on the point in other Commonwealth jurisdictions.

Submitting Institution

University of Birmingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

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