Parliament Court Act

The Master of the Rolls’ interpretation of the Serious Organised Crime and Police Act 2006 (“the Act”), and in particular of the scope of sections 132 to 138, was that Parliament intended that the provisions should apply to both new demonstrations and demonstrations started before the coming into force of the Act, viz. before 1st August 2005. This was held to be clear from the wording of the Act itself, without the need to revert to the parliamentary debates reported in Hansard under the rule in Pepper v Hart.

An argument which lent support to this interpretation, and which Sir Anthony Clarke MR appeared to rely on heavily, was that section 14 of the Public Order Act 1986 had been repealed in relation to ongoing demonstration, and Parliament would only have done so if its intention had been for ongoing demonstration to fall within the scope of the new provisions.

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Legislation applied by the judiciary

Primary legislation is the written laws made by the existing government. It is the way through which the government of the day carries into effect its own manifesto. Also known as Acts of Parliament, there is a distinct process by which any proposed laws must pass through before subsequently getting onto the statute book.

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Legal Writing Structure

In the first instance, careful planning, sound research, a considered structure and excellent legal writing are the basis of a good piece of legal writing. Well-conducted research acts the foundation then the structure should be laid out always keeping in mind legal question/hypothesis set.

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Battery Infliction and Consent

The tort of battery is committed by the actual and intentional infliction of unlawful force on another without the consent of the latter or without any lawful justification. To be liable for battery, 'hostile touching' must be present. The general rule is that a competent patient has the right to refuse treatment, and medical treatment without consent, or in disregard of a valid advance refusal, amounts to a battery. Consent may be expressed in words or implied by conduct. The doctrine of informed consent deems consent as valid provided all risks involved in the medical procedure have been thoroughly explained. Every adult has the right to refuse medical treatment even if it will result in permanent injury or even death. Treatment refusals are only valid if the patient, when making the decision...

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Kudler Foods Organic

Kathy Kudler, owner of Kudler Fine Foods, has decided to expand her business by using local growers of organic produce as well as starting a catering service. As a result of this decision, Kathy has many questions that she will need to ask herself regarding doing things legally. Kathy will first need to determine the legalities in shutting down these departments in addition to figuring out what obligations she has to her employees. Kathy will then need to decide if she would like to enter into contracts with the local organic produce growers. Thirdly, Kathy will need to think about product liability and the regulatory implications she may face. Finally, as she seeks to hire employees for the expanded services, Kathy must consider everything regarding employment law.

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Free Law Essay | Burden Of Covenants

This coursework is concerned with the primary issue of whether the covenants are directly enforceable against Denise and Fay. It is necessary to establish whether the benefit and the burden of the covenants run with the land as neither May, Denise or Fay are parties to the original covenant made in 2004. However if it can be established that May is entitled to the benefit and Denise and Fay are subject to the burden of the covenant then May is entitled to a remedy. There are two set of rules governing the running of covenants namely the common law rules and the equity rules.

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Free Law Essay - Succession Of States

In International Law, the “ ‘succession of states’ means the replacement of one State by another in the responsibility for the International relations of the territory” It is important to highlight from the onset that ‘Sovereign states, and not their individual governments, are the primary subjects of International law’. State succession can only be said to occur when there has been a transfer of sovereignty over a particular territory and a resultant discontinuity in statehood and its affiliated responsibilitie.

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Great Peace Shipping Common And Unilateral Mistake

Explain the effect of Great Peace Shipping Ltd. v. Tsavliris Salvage (International) Ltd. [2002] EWCA Civ 1407; on the doctrines of common and unilateral mistake.

What difference, if any, has this case made to the previous understanding of unilateral mistake, and do you agree with the principle which it lays down?

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