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

The entry into force of the Treaty on the Functioning of the European Union (TFEU) in December 2009 granted the European Union a competence to develop a sports policy. Parrish substantially influenced the development and implementation of this new competence providing professional advice and expert testimony to key policymakers. These included the European Commission, the European Parliament and the House of Lords. Specifically, the work of Parrish has helped define EU policy priorities for sport, shaped the content of sports related legislation and informed the dialogue between the European Commission and sports stakeholders and Member States. The appointment to these advisory positions, and the advice dispensed as part of these roles, drew materially and distinctly from Parrish's underpinning research.

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

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.

Summary of the impact

The protection of children in international law requires clear rules identifying: the country in which disputes concerning children should be litigated (jurisdiction); which country's law should be applied to resolve those disputes (choice of law); and when effect should be given to the orders of foreign courts (recognition and enforcement). These Private International Law issues are central to the research highlighted in this Case Study, which has impacted upon:

• the implementation of an international convention, and drafting of an associated statutory instrument;
• the elaboration of judicial decisions;
• the uniform interpretation of international instruments at a global level through the INCADAT database; as well as
• the focus and content of judicial training.

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

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

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.

Summary of the impact

Research published in peer-reviewed journals/books and reports commissioned by government departments have had significant impact on UK government policy relating to the reform of domestic consumer law.

Impact can be seen in legislation adopted to transpose EU directives into domestic law, as well as the development of reform proposals during the current period (notably the Consumer Rights Bill [draft bill published on 12 June 2013]). The research was also used to give evidence to a House of Lords Select Committee and to assist the Law Commission with several projects.

The ultimate non-academic beneficiaries are UK consumers, because a clearer and streamlined set of legal rules will make it easier for them to identify their rights and encourage greater compliance by business. Other non-academic beneficiaries are staff from Consumer Direct and the Citizens Advice Bureau who advise on consumer law, and the UK government itself.

Summary of the impact

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).