SLS 2016 Annual Conference

Legislation and the Role of the Judiciary

Final Programme

St Catherines College, University of Oxford

Tuesday 6th Friday 9th September 2016

Keynote Speaker Initiative

In recent years the SLS Executive Committee has expressed concern that, in some subject
sections, a better mix of experienced and junior presenters at the annual conference would
enhance the academic experience for everyone. While we are keen to continue to encourage
early career academics to present at the annual conference, they can be helped by the
guidance and role model provided by seeing and hearing senior academics in action. With
this in mind, a number of senior academics were approached to ask if they would be willing
to assist this initiative by being keynote speakers in their subject sections. We are most
grateful that the following have accepted that invitation for this conference.
Andrew Burrows
(SLS President 2015-16)

SECTION A
Dapo Akande (Oxford)
Emilios Avgouleas (Edinburgh)
Lionel Bently (Cambridge)
Sue Bright (Oxford)
David Campbell (Lancaster)
Blainaid Clarke (Trinity College Dublin)
Hugh Collins (Oxford)
Graeme Dinwoodie (Oxford)
Lorna Fox-OMahony (Essex)
Conor Gearty (LSE)
Tom Gibbons (Manchester)
Louise Gullifer (Oxford)
Laurence Gormley (Groningen)
Jonathan Herring (Oxford)
Nicholas Hopkins (Law Commission)
Neil Jones (Cambridge)
Daithi Mac Sithigh (Newcastle)
Jose Miola (Leicester)
Jonathan Morgan (Cambridge)
Aoife Nolan (Nottingham)
Dan Sarooshi (Oxford)
Chantal Stebbings (Exeter)
David Sugarman (Lancaster)
Graham Virgo (Cambridge)
Simon Whittaker (Oxford)

SECTION B
Trevor Allan (Cambridge)
Alan Bogg (Oxford)
Jane Ching (Nottingham Trent)
Hugh Collins (Oxford)
Cathryn Costello (Oxford)
Anne Davies (Oxford)
John Eekelaar (Oxford)
John Ford (Aberdeen)
Judith Freedman (Oxford)
John Gardner (Oxford)
Adam Gearey (Birkbeck)
Stephen Gilmore (KCL)
John Jackson (Nottingham)
Dora Kostakapoulou (Warwick)
Maria Lee (UCL)
Ian Lloyd (Southampton)
Peter MacDonald Eggers QC
Paul Maharg (ANU)
Donal Nolan (Oxford)
Ken Oliphant (Bristol)
Rebecca Probert (Warwick)
Chris Reed (QMUL)
Colin Reid (Dundee)
Karen Yeung (KCL)

Final Programme Summary

(For the division of subject sections into A and B, see end)

Tuesday 6th September 2016

9.30 12 noon

[Prior event: British Association of

Comparative Law Annual Seminar
Professor Bernard Rudden: comparativist,
legal scholar, polymath]

10.30 19.00

Registration and Enquiry Desk Open

Porters Lodge

12.30
13.00 14.00

Lunch
Refreshments and Publishers Exhibition

Dining Hall
JCR Hub

14.00 15.30

Subject Sections A1

15.30 - 16.00

Afternoon Refreshments and Publishers

Exhibition

16.00 17.30

Subject Sections A2

17.45 18.50

Drinks Reception at Magdalen College

19.15 21.00

Served Dinner

Dining Hall

21.00 21.45

Birks Book Prize (2015) Session

Chair: Professor Dan Sarooshi (Oxford)

JCR Lecture
Theatre

JCR Hub

Dr Katja Samuel (University of

Reading) The OIC, the UN, and
Counter-Terrorism Law-Making
Wednesday 7th September 2016
8.00 18.30

Registration and Enquiry Desk Open

Porters Lodge

9.00 10.30

Subject Sections A3

10.30 11.00

Morning Refreshments and Publishers

Exhibition

JCR Hub

11.00 12.30

Plenary 1: Modern Statutory

Interpretation

Bernard Sunley
Lecture Theatre
3

Chair: Lady Justice Arden

Professor John Bell (Cambridge), Lord
Justice Sales, Daniel Greenberg (former
Parliamentary Counsel)
12.30
13.00 14.00
13.15 14.00

Lunch
Refreshments and Publishers Exhibition
Poster Session: Subject Sections A

Dining Hall
JCR Hub
JCR Hub

14.00 15.30

Subject Sections A4

15.30 16.00

Afternoon Refreshments and Publishers

Exhibition

JCR Hub

16.00 17.30

Plenary 2: Legislation or judicial law

reform: where should judges fear to
tread?

Bernard Sunley
Lecture Theatre

Chair: Lord Justice Beatson

Keynote Address: Baroness Hale of
Richmond
Reply: Professor Robert Stevens
(Oxford)
18.30 23.00

Drinks and Annual Conference Dinner at

Lady Margaret Hall (Dinner at 19.15)

Thursday 8th September 2016

8.00 19.00

Registration and Enquiry Desk Open

Porters Lodge

9.00 10.30

SLS AGM and Council Meeting

Bernard Sunley
Lecture Theatre

10.30 11.00

Morning Refreshments and Publishers

Exhibition

JCR Hub

11.00 12.30

Subject Sections B1

12.30
12.30 14.00

Lunch
Refreshments and Publishers Exhibition

Dining Hall
JCR Hub

13.15 14.00

Poster Session: Subject Sections B

JCR Hub

14.00 15.30

Subject Sections B2

15.30 16.00

Afternoon Refreshments and Publishers

Exhibition

JCR Hub

16.00 17.30

Plenary 3: The Present and Future

Work of the Law Commissions

Bernard Sunley
Lecture Theatre

Chair: Judge Elizabeth Cooke

Lord Justice Bean (Chair of the Law
Commission for England and Wales),
Lord Pentland (Chair of the Scottish
Law Commission), Professors Ormerod,
Hopkins, and MacQueen.
17.45 18.50

Drinks Reception at All Souls College

19.15 21.00

Served Dinner

Dining Hall

21.00 21.45

Early Careers Session: Getting

Published

JCR Lecture
Theatre

Professor Imelda Maher (Editor of

Legal Studies) and Sinead Moloney
(Hart)

Friday 9th September 2016

8.00 14.00

Registration and Enquiry Desk Open

Porters Lodge

9.00 10.30

Subject Sections B3

10.30 11.00

Morning Refreshments and Publishers

Exhibition

11.00 12.30

Subject Sections B4

12.30

Lunch

Dining Hall

13.00 13.45

Refreshments and Publishers Exhibition

JCR Hub

13.45 15.30

Extra Session: The Legal Implications of Bernard Sunley

Brexit
Lecture Theatre

JCR Hub

Chair of Panel Discussion: Andrew Burrows

Panellists: John Armour, Nick Barber, Anne Davies,
Graeme Dinwoodie, Pavlos Eleftheriadis, Liz Fisher, Angus
Johnston, Glen Loutzenhiser, Alison Young, Steve
Weatherill, Rebecca Williams

Division of Subject Sections into A and B

Section A: 6th and 7th September 2016

Banking and Financial Services; Civil Liberties and Human Rights; Company; Comparative;
Contract, Commercial and Consumer; EU & Competition; Intellectual Property;
International; Legal History; Media; Medical; Open A; Property and Trusts; Restitution.

Section B: 8th and 9th September 2016

Criminal Justice; Cyberlaw; Environmental; Family; Jurisprudence; Labour; Legal
Education; Maritime; Migration; Open B; Practice, Profession and Ethics; Public; Tax; Torts.

Section Programme Index

Section A: Tuesday 6th and Wednesday 7th September

Page

Banking & Financial Services Law

Civil Liberties & Human Rights
Company Law
Comparative Law
Contract, Commercial & Consumer Law
EU & Competition Law
Intellectual Property
International Law
Legal History
Media & Communications Law
Medical Law
Open A
Property & Trusts
Restitution
Posters A

9
11
13
15
17
19
21
22
24
26
28
29
31
32
33

Section B: Thursday 8th and Friday 9th September

Criminal Justice
Cyberlaw
Environmental Law
Family Law
Jurisprudence
Labour Law
Legal Education
Maritime Law
Migration & Asylum Law
Open B
Practice, Profession & Ethics
Public Law
Tax Law
Torts
Posters B

35
37
49
40
42
44
45
47
48
50
52
54
56
57
58

SECTION A

BANKING & FINANCIAL SERVICES LAW

Convenor: Christopher Hare (Oxford)

Session 1: Tuesday 6th September 14.00-15.30

Bank Regulation 1
1A

Emilios Avgouleas (Edinburgh) Asset Bubbles and Monetary Policy: Can we hold the
Central Bank Liable for Financial Instability?

1B

Elizabeth Howell (Cambridge) ESMA: The Watchdog of Credit Rating Agencies in

the EU

1C

Luca Enriques (Oxford) & Matteo Gargantini (Max Planck) The Overarching Duty to
Act in the Best Interests of Clients in MiFID II: Scope, Contents, Implications

Session 2: Tuesday 6th September 16.00-17.30

Bank Regulation 2
2A

Vincenzo Bavoso (Manchester) Capital Markets, Debt Finance and the EU Policy
Design: What has been learnt from past crises?

2B

Holly Powley (Bristol) Hidden Profiles: Identifying Risk in the Banking Sector

2C

Jay Cullen (Sheffield) Liquidity, Mortgage Markets and the Capital Markets Union: A
Regulatory Analysis

Session 3: Wednesday 7th September 09.00-10.30

Banking, Lending and Security
3A

Louise Gullifer (Oxford) When is an ROT sale a sale? A tale of Caterpillars,

Bunkers and the Supreme Court

3B

Duncan Sheehan (Leeds) The Effect of an English Personal Property Security Act on
the Nemo Dat Principle

3C

Sandra Booysen (National University of Singapore) Who is a Customer?

Session 4: Wednesday 7th September 14.00-15.30

International and Comparative Banking Law
4A

Frederico Lupo-Pasini (QUB) Do we need an International Financial Court? The

Law and Economics of Adjudication in Cross-Border Financial Disputes
9

4B

Burcu Yuksel (Aberdeen) Choice of Law Problems in Connection with Electronic

Funds Transfer

4C

Tom Burns (Aberdeen) Asset and Security Transfers in Scotland and France and the
likely impact of the draft EU Securitisation Regulation

10

CIVIL LIBERTIES & HUMAN RIGHTS

Convenor: Ruvi Ziegler (Reading)

Session 1: Tuesday 6th September 14.00-15.30

The European Court of Human Rights and Democratic Legitimacy
1A

Conor Gearty (LSE) Dangerous, daring or diffident? The European Court of Human
Rights at a time of democratic anxiety

1B

Dimitrios Tsarapatsanis (Sheffield) Reading the ECHR Politically: the Example of the
Lautsi Saga

1C

Carmen Draghici (City) The Democratic Rivalry Between Legislatures and Courts: A
Strasbourg Reappraisal?

1D

Tamas Gyorfi (Aberdeen) The Enlightenment View of Reason and the Legitimacy of
the European Court of Human Rights

Session 2: Tuesday 6th September 16.00-17.30

The role(s) of national courts
2A

Po Jen Yap (Hong Kong University) New Democracies and Novel Remedies

2B

Shona Wilson Stark (Cambridge) Facing facts: Judicial approaches under the Human
Rights Act 1998

2C

Katja Ziegler (Leicester) The EU Charter of Fundamental Rights in English Courts

2D

Gavin Phillipson (Durham) Horizontality and the proposed British Bill of Rights

Session 3: Wednesday 7th September 09.00-10.30

Freedom of/from religion and non-discrimination
3A

Lucien Dhooge (Georgia Institute of Technology) The Equivalence of Religion and

Conscience

3B

Megan Pearson (Winchester) Gay Cakes, Freedom of Expression and

Discrimination Law

3C

Ilias Trispiotis (Leeds) Two Birds With One Stone: The Relationship between
Freedom of Religion and Freedom from Religious Discrimination under the ECHR

3D

Jane Norton (Auckland) Religious education and the option of exit

11

Session 4: Wednesday 7th September 14.00-15.30

Privatisation, Poverty and (Socio-economic) Rights
4A

Aoife Nolan (Nottingham) Privatisation and Human Rights

4B

Michael Dafel (Cambridge) The socio-economic rights obligations of private

individuals and entities in South Africa

4C

Annapurna Waughray (Manchester Metropolitan) The Case of Caste and the Equality
Act 2010

12

COMPANY LAW
Co-convenors: Lorraine Talbot (York) and Roseanne Russell (Cardiff)

Session 1: Tuesday 6th September 14.00-15.30

1A

Blanaid Clarke (Trinity College Dublin) Public Interest Directors - Learning from the
Irish Experience

1B

Deirdre Ahern (Trinity College Dublin) What to Do? Public Interest Director
Appointments in Nationalised Banks: A Post-Financial Crisis Review of Role
Delineation and Fiduciary Duties

1C

Michelle Welsh and Helen Anderson (Monash University) The Public Enforcement of
Sanctions against Illegal Phoenix Activity: Scope, Rationale and Reform

Session 2: Tuesday 6th September 16.00-17.30

2A

John Armour (Oxford) Derivative Actions: A Framework for Decisions

2B

Neshat Safari (City) A blended approach to derivative litigation costs: Some lessons
from the United States and New Zealand

2C

Konstantinos Sergakis (Glasgow) Shareholders Going Long and Short: Corporate

Governance under Threat?

Session 3: Wednesday 7th September 09.00-10.30

3A

Susan Watson (Auckland) Corporate Legal Personality

3B

Daniel Attenborough (Durham) Company Laws Everything and Nothing Paradox

3C

Janice Denoncourt (Nottingham Trent) Corporate Disclosure of Intellectual Property

Assets: A Comparative System Evaluation of International Trends

Session 4: Wednesday 7th September 14.00-15.30

4A

Christian Witting (QMUL) Designing Corporate Group Liability

4B

Paul Beckett (MannBenham Advocates Ltd) Beneficial ownership of companies

G20 High Level Principles - a paper tiger?

13

4C

Christopher Riley (Durham) A shareholders liability for her companys torts: should
it be strict (vicarious) or duty-based?

14

COMPARATIVE LAW
Co-convenors: David Marrani (Institute of Law, Jersey) and Greta Bosch (Exeter)

Session 1: Tuesday 6th September 14.00-15.30

1A

Simon Whittaker (Oxford) Unfair Terms in Commercial Contracts and Competition:

French and English Law Contrasted

1B

Olivier Beddeleem (EDHEC Business School) The role of judiciary in shaping the
legal transplant of good faith in English law

1C

Jonathan Fritz (Vienna University of Economics and Business) The Austrian

Takeover Act as a Contemporary Legal Transplant

Session 2: Tuesday 6th September 16.00-17.30

2A

Mitja Kovac (University of Ljubljana) The rise of the mail-box rule and formation of
contracts in English, French and German law

2B

Martin Brenncke (Oxford) Stretching the limits of statutory interpretation: How

English and German Courts interpret national legislation in conformity with EU
directives

2C

Lucy Jewel (University of Tennessee) Healing Alternatives: Neuro-Rhetoric Explains

the Need for a Comparative Approach to Rhetoric in Law

Session 3: Wednesday 7th September 09.00-10.30

3A

Jane Ball (Newcastle) Build it and they will come? How revived courts coped with
individual property in the early 19th century

3B

Jaroslaw Turlukowski (University of Warsaw) Judicial independence or a predictable

judiciary: the wrong question or a difficult choice?

3C

Catherine Pedamon (Westminster) The Role of the Judiciary in the newly Reformed
French Contract Law: A comparison with English law

Session 4: Wednesday 7th September 14.00-15.30

4A

Antonia Baraggia (University of Milan) Legislation and the judiciary in time of crisis:
the case law on austerity measures in comparative perspective

15

4B

Peter de Cruz (Liverpool John Moores) Judges as Comparatists? Evaluating the

Development of the Law Through the Use of Foreign Law by the Courts

4C

Gianluca Gentili (Sussex) Parliamentary Supremacy Revisited: A Comparison of

Weak-Form Systems of Constitutional Review Enacted in Canada, United Kingdom
and New Zealand

16

CONTRACT, COMMERCIAL & CONSUMER LAW

Convenor: Dania Thomas (Glasgow)

Session 1: Tuesday 6th September 14.00-15.30

Panel discussion on The Uncertain Futures of Contract with David Campbell (Lancaster),
Hugh Collins (Oxford) and Jonathan Morgan (Cambridge)
(Please see David Campbells individual paper entitled Good Faith and the Social
Foundation of Agreement: Walford v Miles as a Relational Contract in the Paperbank to
which he will refer during the discussion).

Session 2: Tuesday 6th September 16.00-17.30

Emerging Issues in Contract
2A

Haward Soper (Leicester) Contract, conflict and cooperation - the use of contractual
discretion and the views of commercial experts

2B

Hugh Beale (Warwick) Penalty clauses and legitimate interests in performance

Session 3: Wednesday 7th September 09.00-10.30

Contract Law and Regulation
3A

Yong Qiang Han (National University of Singapore) Implied Terms and Judicial
Control over Insurers Discretion in With-Profits Polices

3B

Livashnee Naidoo (University of Cape Town) The Insurance Act 2015: Reflections on
statutory interpretation and evolving values in insurance contract law

3C

Reza Beheshti (Leicester) Critical analysis of the absence of adequate insurance in

English commercial law versus its position in the UNIDROIT Principles of
International Commercial Contracts and the Uniform Commercial Code

Session 4: Wednesday 7th September 14.00-15.30

EU Law
4A

Esther van Schagen (Institute of European and Comparative Law) The legislator and
the Court: enforcing scientific law-making in EU consumer law?

17

4B

Dorota Leczykiewicz (Oxford) Freedom of contract, private regulation and European

contract law

4C

Andrea Fejos and Chris Willett (Essex) Strengthening European consumer protection
and trust in key fields such as credit

18

EU & COMPETITION LAW

Convenor: Annette Nordhausen Scholes (Manchester)

Session 1: Tuesday 6th September 14.00-15.30

Competition and European Law
1A

Kathryn McMahon (Warwick) The courts and evolving economic theory in EU

competition law decisions and Bruce Wardhaugh (Manchester) Competition law and
legislation by the judiciary: the legitimacy and lastingness of judge-made rules

1B

Beata Mihniemi (University of Helsinki) Difficulties with assessing market power

of online platforms: the example of Google Search

1C

Mary Guy (UEA) How do the National Health Service (Procurement, Patient Choice
and Competition) (No.2) Regulations 2013 contribute to the competition policy
developed by the Health and Social Care Act 2012?

Session 2: Tuesday 6th September 16.00-17.30

Competition and European Law
2A

Laurence Gormley (University of Groningen) Something old, something new... No

lies, and only true....

2B

Barry Rodger (Strathclyde) The application of EU law by the Scottish courts: an

analysis of case-law trends

2C

Susan Wright (Translation Directorate-General, Court of Justice of the EU)

Multilingualism: its impact on the judgments of the EU Court of Justice

Session 3: Wednesday 7th September 09.00-10.30

European Law
3A

Sara Drake (Cardiff) Legislation and the role of the judiciary: the EU principle of
consistent interpretation in the UK courts

3B

Rob van Gestel and Jurgen De Poorter (Tilburg University) Putting evidence-based
law-making to the test: judicial review of legislative rationality

3C

Emily Hancox (Edinburgh) The inter-relationship between primary and secondary

law in the EU legal order: implications for the scope of application of EU law

19

Session 4: Wednesday 7th September 14.00-15.30

European Law
4A

Nicolas Rennuy (Cambridge) Solidarity and its variable boundaries: EU law and
welfare benefits

4B

Darren Harvey (Cambridge) Process Federalism in the European Union

4C

Virginie Barral (Hertfortshire) and Mario Mendez (QMUL) The EU and the Aarhus
Convention: Neutering the Access to Justice Provisions

20

INTELLECTUAL PROPERTY
Convenor: Claire Howell (Aston)

Session 1: Tuesday 6th September 14.00-15.30

1A

Lionel Bently (Cambridge) The First Trade Mark Injunctions in England: Day v.
Day, Day and Martin (1816)

1B

Jonathan Griffiths (QMUL) Taking power-tools to the acquis the Court of Justice,
the Charter of Fundamental Rights and European Copyright Law

1C

Kevin OSullivan (University College Cork) Enforcing Copyright Online: The Threat
of Industry Private Regulation and How to Stop It

Session 2: Tuesday 6th September 16.00-17.30

2A

James Griffin (Exeter) A Call for a Doctrine of Information Justice

2B

Lior Zemer (Interdisciplinary Centre Herzliya) The End of the International

Intellectual Property Society

2C

Marta Iljadica (Southampton) Compelled Viewing: Copyright Exceptions for Public

Art

Session 3: Wednesday 7th September 09.00-10.30

3A

Mark Eccleston-Turner (Birmingham City) Beyond Patents: Scientific Knowledge,

Access to Medicine and the Public Good

3B

Naomi Hawkins (Exeter) Invalidating Gene Patents missing the target?

3C

Abbe Brown (Aberdeen) The judiciary, intellectual property legislation and the
search for holistic coherence

Session 4: Wednesday 7th September 14.00-15.30

4A

Andrew Griffiths (Newcastle) Branding and Consumerism

4B

Chen Zhu (Birmingham) Between Waste and Taste: Charting the Expansion of the
Brand Function of Trade Marks in Global Anti-'Ambush Marketing' Law Making

4C

Graeme Dinwoodie (Oxford) Judicial Resistance to the Unitary Nature of EU Trade

Marks
21

INTERNATIONAL LAW
Co-convenors: Christian Henderson (Sussex) and Philippa Webb (KCL)

Session 1: Tuesday 6th September 14.00-15.30

Interpretation/Implementation
Discussant: Dan Sarooshi (Oxford)
1A

Aisling OSullivan (Sussex) The Struggle to Build a Court of Humanity: The

Debate surrounding Immunity of State Officials in International Criminal Law

1B

Matthew Garrod (Sussex) Legislation and the Role of the Judiciary: Interpreting the
Extraterritorial Scope of Domestic Criminal Laws Based on a Customary Rule of
Universal Criminal Jurisdiction

1C

Katherine Reece Thomas (City) Judges and State Immunity: Time to Reform the Act?

Session 2: Tuesday 6th September 16.00-17.30

Law Making/Development
2A

Josepha Close (Middlesex) The Role of the Judiciary in the Emergence of an

International Norm Prohibiting the Grant of Amnesty for International Crimes

2B

Massimo Lando (Cambridge) International Judges as Law-makers: Delimiting the

Territorial Sea under Article 15 UNCLOS

2C

Natalia Perova (Central Lancashire) As far as it can go: extending the international
criminal liability of high-ranking officials to a no-return point

Session 3: Wednesday 7th September 09.00-10.30

Protection of Rights/Accountability
Discussant: Dapo Akande (Oxford)
3A

Jane Rooney (Bristol) Extraterritoriality at the European Court of Human Rights: A

Global Constitutionalist Perspective

3B

Sylvie Namwase (East London) The Use of Excessive Force During Riot Control:
Enforcement and Crimes against Humanity under the Rome Statute

22

3C

Sergii Masol (European University Institute) Human Rights in the Legal Regime of
the International Criminal Court: Refining the Super-Legality Approach

Session 4: Wednesday 7th September 14.00-15.30

Constitutional Restraints and Accountability/Responsibility beyond the Judiciary
4A

Rossana Deplano (Leicester) The resolutions on the protection of civilians in armed

conflict and the accountability of the Security Council

4B

Ben Murphy (Liverpool) Accounting for Ambiguity: How Should We Understand

United Nations Security Council Accountability in Light of Security Council
Resolution 2249 (2015)?

4C

Tatyana Eatwell (Cambridge) Governments of National Reconciliation and State

Responsibility for the Internationally Wrongful Acts of Insurgent Groups

23

LEGAL HISTORY
Convenor: Rosemary Auchmuty (Reading)

Session 1: Tuesday 6th September 14.00-15.30

1A

David Fraser (Nottingham) A major attack on Jewish freedoms: A socio-legal

history of anti-shechita prosecutions in the English-speaking world, 1855-1913

1B

Marie-Andree Jacob (Keele) Legal-bureaucratic evaluations of research

misconduct 1850-1950, or, how to study an anachronism?

1C

Juanita Roche (Manchester) Palm trees and discretion in the twentieth century

Session 2: Tuesday 6th September 16.00-17.30

2A

Chantal Stebbings (Exeter) The Medicine Stamp Duty: Fiscal Non-entity or Revealing
Paradigm?

2B

Iain Frame (Kent) Bargaining with Octopus tentacles: the Bank of Englands
branches and the first English joint stock banks in the 1830s

2C

Cerian Griffiths (Liverpool) Discretion and disposal: a study of magistrates

committals to the Old Bailey, 1760-1820

Session 3: Wednesday 7th September 09.00-10.30

3A

David Sugarman (Lancaster) Transforming Institutional and Intellectual Frameworks

for Legal Scholarship in Britain, c.1965-1985: The Turning Point of Legal
Contextualism?

3B

Sharon Thompson (Cardiff) The Married Women's Association's fight for wives' right
to housekeeping savings

3C

Kevin Crosby (Newcastle) Keeping Women off the Jury in 1920s England

Session 4: Wednesday 7th September 14.00-15.30

4A

Neil Jones (Cambridge) No Magic in Words? Aspects of the Transition from Uses to
Trusts

4B

Gwen Seabourne (Bristol) Curtesy and crying in the common law

24

4C

Valentina Vadi (Lancaster) International Law, Culture and History

Methodological risks and opportunities

25

MEDIA & COMMUNICATIONS LAW

Convenor: Paul Wragg (Leeds)

Session 1: Tuesday 6th September 14.00-15.30

Privacy
1A

Paivi Korpisaari (University of Helsinki) Balancing the freedom of expression and

right to private life in the recent practise of the ECtHR application and
interpretation of the key criteria

1B

John Hartshorne (Leicester) Tort law and the protection of privacy: but what is
'privacy' for tort law purposes?

1C

David Mead (UEA) The Public Utility of Individual Privacy: A Theoretical and
Empirical Study

Session 2: Tuesday 6th September 16.00-17.30

Rethinking Free Speech Rights
2A

Judith Townend (Institute of Advanced Legal Studies) Charitable journalism: One

size doesnt fit all

2B

Andrew Kenyon (University of Melbourne) Free speech transformed? Implications

from positive human rights for freedom of speech

2C

Daithi Mac Sithigh (Newcastle) Flags, priests and Morris dancers: a case for medium
law

Session 3: Wednesday 7th September 09.00-10.30

Defamation
3A

David Acheson (Kent) The concept of reputation and the interpretation of the
Defamation Act 2013, section 1

3B

Jaspal Kaur Sadhu Singh (HELP University) The Development of Malaysian

Defamation Law - The Progressive Influence of English Common Law

3C

Gavin Sutter and Julia Hrnle (QMUL) Defamation of the Dead: Should English
defamation law permit a libel action to be taken in the name of the deceased?

26

Session 4: Wednesday 7th September 14.00-15.30

Regulation
4A

Irini Katsirea (Sheffield) Curiouser and curiouser: DTT licensing in Greece

4B

David Reader and Michael Harker (UEA) Targeted Advertising and Online Plurality:
a new paradigm for regulation

4C

Tom Gibbons (Manchester) Legal and regulatory capacity to control media power

27

MEDICAL LAW
Convenor: Mary Neal (Strathclyde)

Session 1: Tuesday 6th September 14.00-15.30

1A

Jonathan Herring (Oxford) Why we should not presume people have mental capacity

1B

Caroline Somers (University College Cork) The Self-Referential World of Cancer

Screening

1C

Shaun Pattinson and Vanessa Kind (Durham) Using a Moot to Develop

Understanding of Human Cloning and Statutory Interpretation

Students'

Session 2: Tuesday 6th September 16.00-17.30

2A

Amel Alghrani (Liverpool) and Danielle Griffiths (Manchester) Legislation and the
Role of the Judiciary: Bridging the Gap between Regulation and Social Practice in
the Context of Surrogacy

2B

Katherine Wade (KCL) Childrens Rights and Inter-Country Surrogacy: Lessons

from Strasbourg?

2C

Craig Purshouse (Liverpool) and Kate Bracegirdle (Sheffield) Unjust

Enrichment as a Partial Solution to the Unenforceability of Surrogacy Contracts

Session 3: Wednesday 7th September 09.00-10.30

3A

Rosie Harding (Birmingham) Disentangling legal and mental capacity: protecting

the rights of persons with intellectual disabilities to equal treatment under the law

3B

Carolyn Johnston (Kingston) Evaluating best interests

3C

Hope Davidson (Limerick) Decision-making in dementia care: autonomy, capacity,

and the doctrine of informed consent

Session 4: Wednesday 7th September 14.00-15.30

4A

Jose Miola (Leicester) Would We Be Right to Try Right to Try?

4B

Semande Ayihongbe Ownership and Commercialisation of Human Biological

Material and the impact on Biotechnological Research Enterprise

4C

Neil Maddox (Maynooth) Abandoning Abandonment of Human Tissue

28

OPEN A
Convenor: John Tribe (Liverpool)

Session 1: Tuesday 6th September 14.00-15.30

Jersey: Law in the Channel Islands
1A

Sir Philip Bailhache QC (Senator, States of Jersey) Avoiding the fate of the Dodo:
Jersey - A recuperating mixed legal system

1B

John Tribe (Liverpool) Dsastre v. Dgrvement - Has Booth Assassinated

Dgrvement in Jersey Insolvency Law?

1C

David Marrani (Institute of Law, Jersey) Jersey Law: a French perspective

1D

Claire de Than (City & Institute of Law, Jersey) Reforming Jerseys Laws lessons
from other jurisdictions?

Session 2: Tuesday 6th September 16.00-17.30

2A

Andrew Dickinson (Oxford) Keeping Up Appearances: The Principle of Submission

in the English Conflict of Laws

2B

Jeffrey Barnes (La Trobe) From Rules to Multifactorialism: Judicial Interpretation of

Statutes in Common Law Systems

Session 3: Wednesday 7th September 09.00-10.30

3A

Gu Weixia (University of Hong Kong) Public Policy and Harmonization in

International Commercial Arbitration: A Real Occurrence or an Illusion?

3B

Lara Khoury & Alana Klein (McGill) The renewal of the Canadian Judicial Function
in the protection of health

3C

Lucy Barnes (UEA) Anxieties about Law: a Cinematography of Dystopia

Session 4: Wednesday 7th September 14.00-15.30

4A

Dawn Watkins (Leicester) Adventures with Lex: Assessing childrens legal

understanding using gaming as a research tool

29

4B

Tamara Hervey and James Cairns (Sheffield) Learning and Teaching Law and
Diversity beyond the state

4C

Mark Brewer (Northumbria) Legislating norms: Should the judiciary take a more
discerning interest in regulating responsibility and sustainability in the high world of
fashion?

30

PROPERTY & TRUSTS

Convenor: Simon Cooper (Oxford Brookes)

Session 1: Tuesday 6th September 14.00-15.30

1A

Susan Bright (Oxford) Dynamics of enduring property relationships in land

1B

Sarah Green (Oxford) Virtual currencies and private law remedies

1C

Susan Pascoe (Middlesex) Perpetually changing leases: periodic tenancies subject to

a fetter

Session 2: Tuesday 6th September 16.00-17.30

2A

Amy Goymour (Cambridge) The priority between competing interests in property:

making sense of English laws disorderly queuing system

2B

Nicholas Hopkins (Law Commission) Land registration

2C

Aruna Nair (KCL) Utility, rights and the title register

Session 3: Wednesday 7th September 09.00-10.30

3A

Lorna Fox-OMahony (Essex) Sharing and the property outsider

3B

Susan Farran (Northumbria) Legislating for customary land tenure: a comparative

query

3C

Derek Whayman (Newcastle) A new trichotomy of equity

Session 4: Wednesday 7th September 14.00-15.30

4A

Mary Synge (Exeter) The risks and consequences of losing charitable status

4B

Ben McFarlane (UCL) Hohfeld and the Trust

4C

Peter Devonshire (University of Auckland) The role of an account of profits in

defining wrongful fiduciary gains

31

RESTITUTION
Co-convenors: James Lee (KCL) and Tatiana Cutts (Birmingham)

Session 1: Tuesday 6th September 14.00-15.30

1A

Graham Virgo (Cambridge) All the Worlds a Stage: the Seven Ages of Unjust
Enrichment

Session 2: Tuesday 6th September 16.00-17.30

2A

Robyn Honey (Murdoch University) Observations about the Role of Public Policy in
Private Law: Comparing the English and Australian Approaches to Restitution in
Spousal Guarantee Cases

2B

Niamh Connolly (Trinity College Dublin) Invalid obligations: why restitution is right

Session 3: Wednesday 7th September 09.00-10.30

3A

Syeda Aisha Shah (Aston) Explaining the Basis of Proprietary Restitution

3B

Rajiv Shah (Cambridge) The Influence of the Property on the Law of Restitution since
the 19th Century

Session 4: Wednesday 7th September 14.00-15.30

4A

Yin Harn Lee (Sheffield) Judicial Development of Restitution within Legislative

Constraints

4B

Hamish Dempster (Victoria University of Wellington) Some Legal Principles about

Legal Principles (with Particular Reference to the Laws of Restitution)

32

POSTERS A

1. Roy Gilbar (Netanya Academic College) The decision-making process at the end of life:
Does practice follow bioethical principles and legal mechanisms?
2. Holly Hancock (UEA) A Snapshot of the Image and Law
3. Nili Karako-Eyal (College of Management Academic Studies, Israel) The Use of Social
Marketing Methods in Vaccination Campaigns Individuals Right to Autonomy, Public
Health, and the Duty of Disclosure
4. Patrick Masiyakurima (Aberdeen) The Public Interest Defence to Claims for Copyright
Infringement
5. Catriona McMillan (Edinburgh) A Deafening Silence: the Judiciary and the Human
Embryo
6. Jed Meers (York) Shifting the Place of Social Security: Social Rights under Austerity in the
UK
7. Dinusha Mendis (Bournemouth) Going for Gold: A Legal and Empirical Case Study into
3D Scanning, 3D Printing and Mass Customisation of Ancient and Modern Jewellery
8. Rebecca Moosavian (Northumbria) Power/Knowledge Dynamics in the Iraq War
9. Guido Noto La Diega (Northumbria) Brexit and Intellectual Property
10. Rachel Pimm-Smith (Warwick) Victorian Child Protection: Did Intervention Make Poor
Children More Desirable Citizens?
11. Jing Wang (Bangor) Threats to Privately-Owned Small and Medium-Sized Enterprises
(SMEs) in China from the State-Owned Enterprise Policy and the States Interest: Towards
an Effective Legal Framework for the Protection of Chinese Privately-Owned SME
12. Elaine Webster and Mary Neal (Strathclyde) Dignity as Rank: Triangulating the
relationship between human rights and intrinsic worth
13. Lu Xu (Leeds) New Choice-of-law Approach for Property Rights Delusion or Solution?
14. Hilary Young (University of New Brunswick) Rethinking Publication in Defamation
15. Junaidah Zeno (Bristol) Crowdfunding on Kickstarter.com: Analysis of its compatability
with UK Consumer Protection Law

33

SECTION B

34

CRIMINAL JUSTICE
Co-convenors: Hannah Quirk (Manchester) and Natalie Wortley (Northumbria)

Session 1: Thursday 8th September 11.00-12.30

Lawyers/advocates
1A

John Jackson (Nottingham) Is there a Need for Special Counsel in Criminal

Proceedings?

1B

Ed Johnston (UWE) The Defence Lawyer in the Modern Era

1C

Lorenzo Pasculli (Kingston) The harm principle between statutory criminalisation

and judicial interpretation: lessons from Italy

Session 2: Thursday 8th September 14.00-15.30

Trials
2A

Tony Ward (Northumbria) Improperly Obtained Evidence and the Epistemic

Conception of the Trial

2B

Jill Molloy (Birmingham City) The Future of Joint Enterprise the position after R v
Jogee

2C

Ilona Cairns (Aberdeen) Criminalising Domestic Abuse Law in the UK: A

Comparison of the Legislative Responses in Scotland and England & Wales

Session 3: Friday 9th September 09.00-10.30

Roundtable discussion on Sentencing in the Crown Court: New Data, New Findings with
Carly Lightowlers (Leeds), Julian Roberts, (Oxford) and Jose Pina-Snchez (Leeds)

Session 4: Friday 9th September 11.00-12.30

Post-trial
4A

Stephen Shute (Sussex) Satellite tracking offenders in the UK: where next?

4B

Paul Dargue and Andrew Robson (Northumbria) What Makes a Conviction Unsafe?
The Role of Individual Judges and Extra-Legal Factors in the England and Wales
Court of Appeal (Criminal Division)

35

4C

Stephanie Roberts (Westminster) Reviewing the Function of the Criminal Division of

the Court of Appeal

36

CYBERLAW
Convenor: Faye Wang (Brunel)

Session 1: Thursday 8th September 11.00-12.30

1A

Faye Wang (Brunel) Introductory Remarks

1B

Karen Yeung (KCL) Securing Accountability in Data-driven Decision-Making:

Understanding Algorithmic Harm

1C

Chris Reed (QMUL) Why Judges Need Jurisprudence in Cyberspace

1D

Ian Lloyd (Southampton) Consumer rights in a global (European) world

Session 2: Thursday 8th September 14.00-15.30

2A

Julia Hrnle (QMUL) We Know Where You Have Been and Where You Are Now
Legal Responses To The Collection and Use of Location Data

2B

Paul Bernal (UEA) The Seven Myths of Surveillance

2C

Michel Floinn (Southampton) Dual sovereignty, cybercrime and avoiding duelling

courts

2D

Eliza Mik (Singapore Management University) A Contractual Perspective on Consent

and Notification Requirements in Privacy Legislation

Session 3: Friday 9th September 09.00-10.30

3A

Chara Bakalis (Oxford Brookes) Rethinking Cyberhate: regulating hate in the

internet age

3B

Jenna Maekinen (Helsinki University) The Internet of Toys is no Childs Play:

Childrens data protection on the Internet of Things - New challenges

3C

Christine Rinik (Winchester) Protection Required from the Perfect StormA Call
to Action for the Judiciary

Session 4: Friday 9th September 11.00-12.30

4A

Leslie Stevens (Edinburgh) Apples and Oranges? Searching for (In)consistencies of

the Public Interest across Data Protection, Freedom of Information, Copyright and
Whistleblowing Law

4B

Noel McGuirk and Caroline Collins (BPP) Fraud in the Twenty First Century Is the
Current Criminal Law Fit for Purpose?
37

38

ENVIRONMENTAL LAW
Convenor: Chris Willmore (Bristol)

Session 1: Thursday 8th September 11.00-12.30

1A

Maria Lee (UCL) Knowledge, publics and landscape

1B

Bill Howarth (Kent) Integrating Water Regulation

1C

Carrie Bradshaw (York) Framing and Regulating the Problem of Food Waste

Session 2: Thursday 8th September 14.00-15.30

2A

Colin Reid (Dundee) Access to Environmental Information: Use and Impact

2B

Ceri Warnock (University of Otago) and Ole Pedersen (Newcastle) Mapping the
constitutional: adjudicatory pluralism in environmental decision-making

2C

Kim Bouwer (UCL) Seeing the Invisible Small Scale Climate Litigation

Session 3: Friday 9th September 09.00-10.30

3A

Raphael Heffron (QMUL) Winners and Losers after Paris COP 21

3B

Olivia Woolley (Aberdeen) The Paris Climate Change Agreement and Low Carbon
Energy: A New Stimulus for International Efforts to Decarbonise Energy Supplies or
Another False Dawn?

3C

Tara Smith (Bangor) Geoengineering: The Paris Agreements Key to Success?

Session 4: Friday 9th September 11.00-12.30

Roundtable Discussion on Interdisciplinary Environmental Law Scholarship in Practice:
Space, Audience and Expertise with Liz Fisher (Oxford), Gavin Little (Stirling) and Ole
Pedersen (Newcastle)

39

FAMILY LAW
Convenor: Amy Purvis (Sunderland)

Session 1: Thursday 8th September 11.00-12.30

The Role of Legislation and the Judiciary in Family Law Proceedings
1A

Grenville Jay (Regent Chambers) and Chris Barton (Staffordshire) Transparency and
the publication of judgments: legislation by the judiciary?

1B

Ruth Lamont (Manchester) Reporting on the Family Court: Public Interest in Care
Proceedings

1C

Frances Burton (Buckinghamshire New) Lack of essential legislation and the role of
the judiciary in the Family Court: where is Family Justice going?

Session 2: Thursday 8th September 14.00-15.30

The Future of Family Law
2A

John Eekelaar (Oxford) Family Law and Love

2B

Rosemary OSullivan (University College Cork) The family courts of the future

2C

Lucinda Ferguson (Oxford) Of Terrains and Attitudes: The Distinctiveness of

Family Law

Session 3: Friday 9th September 09.00-10.30

The Consequences of Marriage
3A

Rebecca Probert (Warwick) Getting married: how should the law regulate the best
day of your life?

3B

Kathryn OSullivan and Susan Leahy (Limerick) Muslim Marriage Recognition in

Ireland: Unseen Challenges

3C

Joanna Miles (Cambridge) and Emma Hitchings (Bristol) Who gets what, and why?
Initial findings on financial settlements on divorce

40

Session 4: Friday 9th September 11.00-12.30

The Impact of Childrens Welfare in Family Law
4A

Stephen Gilmore (KCL) Family Law and Legal Method: The Real Chaos of Family
Law?

4B

Elena Urso (University of Florence) The Childs Best Interests in Domestic and
Transnational Family Conflicts: A Comparative Analysis of the Role of the Judiciary
and the Legislature in Framing the Notion of Parental Responsibilities and of
Childrens Welfare

4C

Kenneth Norrie (Strathclyde) Adoption and Parental Orders after Surrogacy: Can the
Child's Welfare Determine which is Best?

Session 4: Friday 9th September 11.00-12.30

Parallel Bonus Session on Promoting Childrens Welfare in Surrogacy and Adoption
4A

Elena Falletti (Universit Carlo Cattaneo-LIUC) Birth abroad by contract: the

international debate on surrogacy

4B

Brian Tobin (NUI Galway) Surrogacy Legislation, the Childs Constitutional Rights
and the Irish Judiciary

4C

Julie Doughty (Cardiff) Adoptive families experiences of legal and administrative

processes in the first stages of placement

41

JURISPRUDENCE
Co-convenors: Olufemi Ilesanmi (Robert Gordon) and Rebecca Moosavian
(Northumbria)

Session 1: Thursday 8th September 11.00-12.30

1A

John Gardner (Oxford) The Negligence Standard: Political Not Metaphysical

1B

Sylvie Delacroix (UCL) Law's "inherent moral risk" and the two-way relationship
between law and habits

1C

Max Weaver (London South Bank) Just what the Doctrine Ordered?

Session 2: Thursday 8th September 14.00-15.30

2A

Arie Rosen (University of Auckland) Institutions and their justification in legal

theory

2B

Christopher Walshaw (Central Queensland University) A Recent Development in

Statutory and Constitutional Interpretation in Australia

2C

Jan Van Zyl Smit (BIICL) The 'Institutional Turn' in Statutory Interpretation and its
Pitfalls: The Case of the Human Rights Act 1998

2D

Thom Brooks (Durham) A Problem of Principle: Dworkins Constructive

Interpretivism

Session 3: Friday 9th September 09.00-10.30

3A

Adam Gearey (Birkbeck) The law operates in surprising ways in the slums of our
cities: Judges, Philosophers and the Agonistics of American Poverty Law

3B

Richard Mullender (Newcastle) Pierre Bourdieu on the State

3C

Allan Moore (University of West of Scotland) The role of the judiciary in cases of
contempt of court in facie curiae

Session 4: Friday 9th September 11.00-12.30

4A

Brian Slocum (McGeorge School of Law) Legislation and its Interpretation by

Agencies/Departments

4B

Alina Ng (Mississippi College School of Law) The Coherence of Immoral Laws:

When the Confluence of What Is and What Ought To Be Becomes Problematic

42

4C

Benedict Douglas, Vanessa Kind and Shaun Pattinson (Durham) Modifying the
Trolley Problem to Develop Understanding of Ethics

43

LABOUR LAW
Convenor: Rebecca Zahn (Strathclyde)

Session 1: Thursday 8th September 11.00-12.30

1A

Hugh Collins (Oxford) Non-excludability of implied terms

1B

Andrew Dyson (LSE) Partial Performance in Industrial Action: A Contract Law

Perspective

1C

Jeremias Prassl (Oxford) Humans as a Service: working in the digital crowd

Session 2: Thursday 8th September 14.00-15.30

2A

Alan Bogg (Oxford) Common Law and Statute in the Law of Employment

2B

David Mangan (City) The meaningful process: contesting the parameters of freedom
of association

2C

Virginia Mantouvalou (UCL) Exploitation and Labour Rights

Session 3: Friday 9th September 09.00-10.30

3A

Amy Ludlow and Catherine Barnard (Cambridge) Routes to Workplace Dispute

Resolution: the Experiences of EU Migrant Workers

3B

Natalie Videbaek Munkholm (Aarhus University) The Danish implementation

approach to individual rights norms in the workplace

3C

Michael Connolly (Portsmouth) Victimisation under the Equality Act 2010 and
Contempt of Court

Session 4: Friday 9th September 11.00-12.30

4A

Anne Davies (Oxford) From labour law to labour market enforcement?

4B

Niall OConnor (Cambridge) Interpreting Employment Legislation through a

fundamental rights lens: Added Clarity or Distorted Vision?

4C

Lisa Rodgers (Leicester) When the economic eclipses the social: labour law in the
state of exception

44

LEGAL EDUCATION
Convenor: Caroline Strevens (Portsmouth)

Session 1: Thursday 8th September 11.00-12.30

1A

Paul Maharg (ANU) and Dirk Rodenburg (Queens University, Ontario) The Redress
of Legal Education

1B

Jane Ching (Nottingham Trent) Greener grass and re-invented wheels: researching
together

Session 2: Thursday 8th September 14.00-15.30

2A

Amanda Zacharopoulou (Ulster) Addressing student expectations and building

confidence through a pre-arrival activity

2B

Jenny Crewe (Law Society) Why the SRA loves the SQE

2C

Graham Ferris (Nottingham Trent) The promise and perils of positive psychology in
legal education

Session 3: Friday 9th September 09.00-10.30

Panel on Technology
3A

Paul Maharg (ANU) Australia Disintermediation in legal education

3B

Emily Allbon (City) Seeing is believing: we are all converging

3C

Craig Newbery-Jones (Plymouth) Ethical Experiments with the D-Pad: Exploring the
Potential of Video Games as a Phenomenological Tool for Experiential Legal
Education

3D

Craig Collins (ANU) Story Interface and Strategic Design for New Law Curricula

Session 4: Friday 9th September 11.00-12.30

4A

Melissa Hardee (Hardee Consulting) Report on the third year of a three-year cohort
study into the career intentions of law degree students in the context of current and
proposed legal education and training reforms

45

4B

Emma Flint (Birmingham) Delivering blended legal learning through staff and
student collaboration

4C

Nigel Duncan (City) Wild card modules: student experience of domestic violence,
employment and social security clients on a credit-bearing module

46

MARITIME LAW
Convenor: Leon Moller (Robert Gordon)

Session 1: Thursday 8th September 11.00-12.30

1A

Peter MacDonald Eggers QC (7 Kings Bench Walk/UCL) Marine Insurance: the

influence of judicial reform on legislation and legislative reform on judges

1B

Zeldine OBrien (University College Dublin/Law Library) Property Rights in the

Absence of Sovereignty, Resource Exploitation of the Commons and the U.S.
Commercial Space Launch Competitiveness Act 2015

1C

Scott Styles (Aberdeen) A tale of two admiralties: the contrasting fates of the English
and Scottish Admiralty Courts in the 17th and 18th Centuries

Session 2: Thursday 8th September 14.00-15.30

2A

John Ford (Aberdeen) Some Dubious Beliefs about Medieval Piracy?

2B

John Karlberg (Robert Gordon) Legal and Policy Challenges of Offshore Wind
Projects

2C

Leon Moller (Robert Gordon) Tales from the Ancient Mariner: The legal status and
protection of seafarers on offshore oil and gas vessels

47

MIGRATION & ASYLUM LAW

Co-convenors: Violeta Moreno Lax (QMUL) and Diego Acosta Arcarazo (Bristol)

Session 1: Thursday 8th September 11.00-12.30

Legal Migration Regulation as an Instrument to Restrict Migrant Rights
1A

Dora Kostakopoulou (Warwick) Mobility, migration and European judicial decisionmaking

1B

Sheona York (Kent) The unravelling of administrative justice in immigration and

asylum

1C

Louise Halleskov Storgaard (University of Aarhus) National Law Restrictions on

Family Reunification Rights of International Protection Beneficiaries from an EU /
ECHR Perspective

1D

Catherine Briddick (Oxford) Precarious Workers and Probationary Wives: How

Immigration Law Discriminates Against Women

Session 2: Thursday 8th September 14.00-15.30

Combatting Irregular Mobility: Anti-Trafficking, Anti-Smuggling & Anti-Refugee Tools
2A

Samantha Currie (Liverpool) One Step Forward, Two Steps Back? Assessing Legal
Responses to Cross-Border Trafficking in Human Beings

2B

Jesse Beatson (McGill), Jill Hanley (McGill) and Alexandra Ricard-Guay (EUI): The
Intersection of Exploitation and Coercion in Cases of Canadian Labour Trafficking

2C

Khalida Azhigulova (Leicester) The Role of the Judiciary in Asylum Systems in

Transition: Central Asia as a Case Study

Session 3: Friday 9th September 09.00-10.30

Versions of Solidarity: Internal and External Dimensions
3A

Sonia Morano-Foadi (Oxford Brookes) Solidarity: the key to advancing humanitarian

responses to EU migratory pressures

3B

Lukasz Dziedzic (Tilburg) Fairness through Solidarity: Two Interconnected

Concepts in the Discourse on Asylum, Immigration, and Border Control

3C

Birte Schorpion (QMUL) A safety zone that qualifies as an internal protection

alternative: a step too far or the next tool to restrict refugee protection?

48

3D

Brid Ni Ghrainne (Sheffield) Safety Zones and Refugee Law: A Critical Analysis

Session 4: Friday 9th September 11.00-12.30

Quo Vadis? Reflections on the (Uncertain) Future of the EU Migration Framework
4A

Cathryn Costello (Oxford) The degradation and salvation of asylum

4B

Andrea Romano (Rome) The More Favourable Provision Clause in EU Migration

and Asylum Law: Which Implications for Migrants Rights and EU Constitutional
Pluralism?

4C

Ruvi Ziegler (Reading) Reflections on the Brexit Referendum Franchise: Delinking

Membership, Right of Residence, and Eligibility for Participation?

4D

Iris Goldner-Lang (Zagreb) Refugees in Europe and the Changing Paradigm of EU

Law

49

OPEN B
Convenor: John Tribe (Liverpool)
Session 1: Thursday 8th September 11.00-12.30
Islamic Law: Theories and Practices
1A

Habib Ahmed (Durham) Contemporary Laws of Finance and Sharia Compliance:

Methodological Overview and Framework

1B

Daniele D'Alvia (Birkbeck) Financial Risk between Contemporary Financial Markets

and Islamic Law

1C

Anice Van Engeland (Cranfield) Is there a Role for Gender Theories in Islamic
Family Law?

1D

Qudsia Mirza (Birkbeck) Islamic Law and Gender Equality: A Critique

Session 2: Thursday 8th September 14.00-15.30

2A

Jesse Elvin and Claire de Than (City University) Acting reasonably in tort and
criminal law: legislation and the role of the judiciary

2B

Sarah Gale (City University) The Relationship between Defamation and Privacy

2C

Kylie Burns (Griffith University) Tort Law Judging, Common Sense and Judicial
Cognition

Session 3: Friday 9th September 09.00-10.30

3A

Gauri Sinha (Kingston) Corporate Accountability and Prosecutions: Is there a

misplaced focus?

3B

John Magyar (Cambridge) English Textualism and the Anglo-American Legal

Scholars

Session 4: Friday 9th September 11.00-12.30

4A

Rachel Cahill-OCallaghan (Cardiff) and Heather Roberts (ANU) Values and

agreement in the High Court of Australia

4B

Aonghus Cheevers (University College Dublin) Voluntarism' in court connected

mediation in Ireland

50

4C

Joseph Mante (Robert Gordon) Dispute Resolution under FIDIC and NEC Standard
Forms A Paradox of Philosophies and Procedures

51

PRACTICE, PROFESSION & ETHICS

Convenor: Carla Crifo (Leicester)
Session 1: Thursday 8th September 11.00-12.30
1A

Andrew Higgins (Oxford) Innovative or Desperate Measures for Funding Civil

Justice

1B

Carlovittorio Giabardo (gLAWcal/University Institute of European Studies) The

Vanishing of the Civil Trial and the Future of Private Law

1C

Daniel Newman (Cardiff) and Thomas Smith (UWE) Access to Criminal Justice
under Austerity

Session 2: Thursday 8th September 14.00-15.30

2A

Katherine Lindsay and David Tomkins (University of Newcastle Australia) Hail to

the Chief! The Changing Role of Australian Chief Justices

2B

Alan Cusack (University College Cork) Adversarialism on Trial: Ontological,

Procedural and Attitudinal Barriers to the Inclusion of Vulnerable Victims in Court

2C

Monalisa Odibo (Bangor) Access to Justice through Court Annexed Alternative

Dispute Resolution Programmes: A Critical Assessment of the Multi-Door
Courthouse System in Nigeria

Session 3: Friday 9th September 09.00-10.30

3A

Karen Richmond (Strathclyde) Streamlined Forensic Reporting: Swift and Sure

Justice?

3B

Alan Russell, Andy Unger and Catherine Evans (London South Bank) Clinical legal
education and the delivery of legal services to people on low incomes; preparing for
the future

3C

Lu Xu (Leeds) Mythical Chinese Young Judges

Session 4: Friday 9th September 11.00-12.30

4A

Alan Paterson (Strathclyde) Day 1 competency Is that enough for the public?

4B

Tim Sinnamon and Russell Orr (Westminster) Equity as a regulator - complementing

the professional regulation of unregulated and regulated providers of legal
52

services?

53

PUBLIC LAW
Co-convenors: Ann Lyon (Plymouth) and John Stanton (City)

Session 1: Thursday 8th September 11.00-12.30

1A

Trevor Allan (Cambridge) Judicial Interpretation of Statute: Why Complaints of

Judicial Disobedience Make No Sense

1B

Benjamin Yong (Hull) and Mark Hickford (Victoria University of Wellington)

Government lawyers and the executive in the political constitution

1C

Donal Coffey (Max Planck Institute for European Legal History) and Arman
Sarvarian (Surrey) A Constitutional Court for the United Kingdom? Comparative and
Historical Reflections

Session 2: Thursday 8th September 14.00-15.30

Roundtable Discussion on Damages and Human Rights with Jason Varuhas (University of
Melbourne), Carol Harlow (LSE), Robert Stevens (Oxford) and Christopher Forsyth
(Cambridge)

Session 3: Friday 9th September 09.00-10.30

3A

Matthew Lewans (University of Alberta) Judicial Review after Jurisdictional Error

3B

Hanna Wilberg (University of Auckland) Saving Intentionalism in Statutory

Interpretation

3C

James Grant (KCL) Constitutional Foundations and Interpretation

Session 3: Friday 9th September 09.00-10.30

Parallel Bonus Session on Devolution
3A

Manon George (Cardiff) The Government of Wales Act 2006: (in)coherent, (un)stable
and (un)workable

3B

Huw Pritchard (Cardiff) The end of the England and Wales jurisdiction as we know
it?

3C

Denis Edwards (Chinese University of Hong Kong) What can the matter be (with
overlapping legislative competence)?

54

Session 4: Friday 9th September 11.00-12.30

4A

Michael Gordon (Liverpool) UK Sovereignty before, during and after the EU

Referendum

4B

David Renders (Louvain University) Administrative Justice, Equality, Belgian

Federalism and Devolution of Power

4C

Mark Ryan (Coventry) The process of constitutional legislation: an analysis of six

case studies

55

TAX LAW
Convenor: John Vella (Oxford)

Session 1: Thursday 8th September 11.00-12.30

1A

John Taylor (University of New South Wales) A Critique of Judicial Approaches to

Interpreting Bi-lateral Tax Treaties in Australia

1B

Michael Dirkis (University of Sydney) Having your cake and eating it too: The role
of the judiciary in facilitating the effectiveness of exchange of information agreements
and imposing limitations on the use of the information obtained

1C

Bernard Schneider (QMUL) Legal Transfers in the Chinese Tax System

Session 2: Thursday 8th September 14.00-15.30

2A

Judith Freedman and John Vella (Oxford) The Anatomy of Tax Settlements

2B

Stephen Daly (Oxford) The (Biased) Role of the Judiciary in Tax Law Reviews

2C

Theodore Seto (Loyola Law School) Structuring Tax Rules so as to Maximise

Voluntary Compliance and Minimise Distortion

Session 3: Friday 9th September 09.00-10.30

3A

Yige Zu (Leeds) Interpreting the VAT: Can the Law be Made Judge-Proof?

3B

Amy Lawton (Birmingham) The tax is not always greener on the other side: initial
perceptions of the ever evolving Carbon Reduction Commitment

3C

Anzhela Yevgenyeva and John Vella (Oxford) The EU and the Reform of
International Taxation

Session 4: Friday 9th September 11.00-12.30

4A

Michelle Markham (Bond University) The New Australia/Germany Double Tax

Agreement: A Treaty for the Post-BEPS Era

4B

Ranjana Gupta (Auckland University of Technology) Directors fees received by

overseas non-residents for services performed outside New Zealand: Lessons to be
learnt from Australia

56

TORTS
Co-convenors: Eric Descheemaeker (Edinburgh) and James Goudkamp (Oxford)

Session 1: Thursday 8th September 11.00-12.30

1A

Paul Davies (Oxford) and the Rt Hon Sir Philip Sales (Court of Appeal of England
and Wales) The Nature and Scope of the Tort of Conspiracy

1B

Jialong Ying (Oxford) The duty rationale for the doctrine of remoteness in tort

1C

James Bailey (Edinburgh) Trespass in Scots Law: Re-examining the Recovery of

Damages

Session 2: Thursday 8th September 14.00-15.30

2A

Fred Wilmot-Smith (Oxford) Law, Ought & Can

2B

Eleni Katsampouka (Oxford) An Empirical Study of the Law of Exemplary Damages

2C

Ken Oliphant (Bristol) Justice in judgment and justice in settlement: Ensuring fair
compensation for personal injury

Session 3: Friday 9th September 09.00-10.30

3A

Sandy Steel (Oxford) Continuity and liability

3B

Stephen Bailey (Nottingham) Material Contribution after Williams v The Bermuda

Hospitals Board

3C

Achas Burin (Oxford) Positive duties of prevention in the common law and the
Convention

Session 4: Friday 9th September 11.00-12.30

4A

Matthew Dyson (Cambridge) Regulating Risk in Tort Law

4B

Roderick Bagshaw (Oxford) The Rise of Evaluative Judgment in the Law of Torts

4C

Donal Nolan (Oxford) Tort and Public Law: Overlapping Categories?

57

POSTERS B

1. Ruth Brittle (Nottingham) The Best Interests of the Child in Asylum Cases: Are Children
Invisible and Not Heard
2. Lucy Crompton, Denise Farran, Edwina Higgins, Kathryn Newton and Emma Seagreaves
(Manchester Metropolitan) Legislation and the role of the judiciary: Students as Supreme
Court Justices
3. Jacinta Dharmananda (University of Western Australia) What can judges take from the
legislative process about using extrinsic materials when construing statutes?
4. Tamara Hervey and James Cairns (Sheffield) Enhancing equality and diversity in
curriculum development through student partnership
5. Andrea Loux Jarman (Bournemouth) Teaching the Relationship between the Judiciary and
Legislation Post-Brexit
6. Nikol Jilkova and Radislav Brazina (Masaryk University, Czech Republic) Regulating
Administrative Torts: The Influence of Case Law in the Absence of Legislation
7. Eleni Katsampouka (Oxford) An Empirical Study of the Law of Exemplary Damages
8. Matteo Mantovani (Cambridge) Addressing VAT-saving Schemes
9. David McArdle (Stirling) and Barbara Osborne (University of North Carolina) Pregnancy
Discrimination, Title IX the Unintended Consequences of US College Sports
10. Kim McGuire (Central Lancashire) Legislation, common law and the judiciary: policy,
principles and reform
11. David Renders (Louvain University) Administrative Justice, Equality, Belgian
Federalism and Devolution of Power
12. Karen Richmond (Strathclyde) The construction of DNA profiling evidence within public
and private models of forensic science provision
13. Emma Roberts (Chester) The Rome II Regulations Competing Objectives and Rigid
Provisions: Suppressing Judicial Discretion?
14. Ermioni Xanthopoulou (Hertfordshire) the Framework Decision on the European Arrest
Warrant; A Fruit of a Challenged Mutual Trust among the Judicial Authorities of the EU
Member States

58