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

The case study is concerned with the issue of international family law disputes, especially how the law affects those involved in such cases. Over the last few years, the research has had extensive impact among lawyers, mediators, judges and families. The stimulus for the research was realisation that there was a pressing need for closer professional collaborations in order to deliver improved outcomes for affected families. To this end, the Centre for Family Law and Practice (CFLP) was established at London Metropolitan University (LMU) in January 2009. Under the auspices of CFLP, interdisciplinary experts worked on these issues. CFLP assists courts, including the United Kingdom and United States Supreme Courts, with amicus curiae briefs based in particular on the research of Professor Marilyn Freeman, abetted by that of Dr Frances Burton.

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).

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

The work of the late Professor Peter Birks and of Professor Andrew Burrows QC has had a profound impact on the development by the courts of a new branch of English private law, namely the law of unjust enrichment (sometimes called the law of restitution). This branch was first officially recognised by the highest court in the United Kingdom in 1991 and it is now widely viewed as being an important and independent part of the law as is, for example, the law of contract or the law of tort. Every citizen and institution is potentially affected by it, most obviously where payments are made by mistake. The particular contribution of Birks' and Burrows' research has been in assisting the courts to identify, clarify, and refine the leading principles of this new branch of the law. Their work has made what was previously obscure and under-developed, intelligible and accessible, thereby enhancing the quality of decisions made by the courts and offering guidance to counsel. Their doctrinal and theoretical writings on this subject are among the works most cited in the English courts. As the Times put it, `a mere footnote in a Birks article proved to be the subject of several paragraphs of reasoning in the speeches of the law lords.'

Summary of the impact

Professor Geoff Gilbert's research on exclusion in international refugee law has influenced policies of international organisations and courts around the world. His research on extradition prompted the UN High Commissioner for Refugees (UNHCR) to invite Gilbert to write the Global Consultation on exclusion, adopted in 2001 at the 50^th Anniversary meeting for the 1951 Convention Relating to the Status of Refugees. This Consultation directly influenced UNHCR's 2003 Guidelines on Exclusion that have been cited worldwide in hundreds of cases during the impact period. Canadian and German appellate courts have also favourably cited Gilbert's work directly.

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

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

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

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.