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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.
Discrimination remains a common social problem within and beyond the EU; e.g. the Fundamental Rights Agency found that in some EU states more than one-third of ethnic minorities reported experiencing discrimination when looking for work in the previous 12 months. Research by Professor Mark Bell has helped to influence EU law and policy on combating discrimination, as well as contributing to the agendas of European non-governmental organisations in this field. Specifically, his research was used in formulating proposals for a new anti-discrimination Directive. He advised several NGOs on their strategy for seeking amendments to enhance the draft Directive. This influence has contributed to the strengthening of anti-discrimination law and policy, with potential benefits for individuals in the EU facing discrimination.
Findings from research by Webley, Duff et al. commissioned by the Legal Services Board (LSB) has led the oversight legal regulator, the LSB, to introduce compulsory diversity monitoring and reporting in all law firms and barristers chambers so as to capture the demographic and diversity profile of lawyers and their staff at all levels and in all sectors of the legal services market. Previously there was no requirement that legal employers collect diversity data on their staff and no requirement that this be made available to regulators. The Legal Services Act 2007 provides the LSB with the power to ensure the diversity of the legal profession; the LSB has indicated that it will use its power to require frontline legal profession regulators to remedy diversity problems within firms and chambers, where they persist over time. Consequently, our research findings have led to the introduction of a data collection tool that has the potential to change the demographic make- up of the legal profession over time.
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.
Olowofoyeku's research on judicial accountability challenges long-established norms in the Anglo- American legal traditions. These challenges have been recognised by judicial authorities at the highest levels and have influenced and informed practitioner and judicial debates on the matter. While no changes have yet been made to the law as a result of this research, the limits of the current principles, as highlighted in Olowofoyeku's research, particularly in respect of the flaws of the common law construct of the informed observer, have been confronted and recognised by judges in their decisions, and also by practitioners.
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.
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.
Much has been written about mental condition defences such as insanity and diminished responsibility together with the cognate doctrine of unfitness to plead. However, most of this work has been doctrinal rather than empirical. This case study has developed a sustained and continuing understanding of how certain mental condition defences operate in practice, primarily through empirical analysis. R.D. Mackay's empirical studies of both the insanity defence and unfitness to plead and his studies of diminished responsibility, provocation and infanticide have been used by and have influenced law reform bodies, legislators, policy development and legal analysis.
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.
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.