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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.
Research conducted by Durham University on the reconciliation of free speech with rights of privacy and reputation has significantly affected contemporary law and policy around the law of privacy, media injunctions and libel reform. Specifically, it has:
(1) resulted in a substantial contribution to the Ministry of Justice (MoJ) Libel Working Group and hence to the Defamation Bill 2012 which followed (now the Defamation Act 2013);
(2) strongly influenced the report of Parliament's Joint Committee on Human Rights on the human rights aspects of that Bill;
(3) influenced a major parliamentary inquiry on privacy;
(4) helped change Crown Prosecution Service (CPS) guidelines on prosecuting the media for privacy-related offences including phone-hacking;
(5) been used in argument by an NGO intervening in two important cases before the European Court of Human Rights (ECtHR).
1,754 people were killed on Great Britain's roads in 2012, down from 1,901 in 2011 (a reduction of 8%). Law "Enforcement" is one of the three E's used to try to increase road safety. Professor Sally Cunningham has been recognised by those within road safety circles as the foremost legal academic in this area, assisting the Association of Chief Police Officers (ACPO) in developing their road policing policy. In particular, she acted as a "critical friend" to ACPO in drafting a new five-year road policing strategy and she, alongside Sgt Alan Jones, developed one of the three strategic goals of the new strategy: "habitual compliance".
Professor Sue Arrowsmith's research significantly influenced UNCITRAL's revised 2011 Model Law on Public Procurement. This is a model regulatory framework of global relevance that aims to help national governments avoid waste, secure adequate public services, and fight corruption in procurement. The UNCITRAL Secretariat's presentation of reform options to the Model Law Working Group was based directly on both the novel analytical templates and the detailed recommendations developed by Arrowsmith, and many of the revised Model Law's provisions on both existing and new subjects of regulation follow directly the specific recommendations in Arrowsmith's research.
Scams and underhand sales practices are estimated to cost consumers in the UK over £3 billion each year. Collins's research has identified gaps in the remedies available to consumers who are victims of unfair commercial practices or scams. Consumer Focus (an independent but government-funded agency) relied heavily on his research in their 2009 report, which informed the Law Commission's 2011 proposals for reform of the law, and which in 2013 led Parliament to legislate to close the remedial gaps.
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.
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.
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.
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.
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.