SLS 2016 Final Programme 300816

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
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
Poster Session: Subject Sections A
Dining Hall
JCR Hub
JCR Hub
14.00 15.30
Subject Sections A4
15.30 16.00

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
Porters Lodge
9.00 10.30
SLS AGM and Council Meeting
Bernard Sunley
Lecture Theatre
10.30 11.00

Exhibition
JCR Hub
11.00 12.30
Subject Sections B1
12.30
12.30 14.00
Lunch
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

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
Porters Lodge
9.00 10.30
Subject Sections B3
10.30 11.00

Exhibition
11.00 12.30
Subject Sections B4
12.30
Lunch
Dining Hall
13.00 13.45
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

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?

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)

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

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

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

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)

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

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?

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

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)

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

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

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

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)

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).

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

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

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)

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?

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

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

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)

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

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

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

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)

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?

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

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

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)

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

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

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

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)

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

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

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

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)

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'

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

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

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)

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?

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

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

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)

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

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

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

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)

1A
Graham Virgo (Cambridge) All the Worlds a Stage: the Seven Ages of Unjust
Enrichment

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

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

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

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)

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)

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

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

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

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)

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

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

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?

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)

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?

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

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

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?

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)

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?

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

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

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)

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

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

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

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)

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

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

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

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)

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

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)

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

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

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

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)
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

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

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

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)
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

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

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

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)

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

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

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

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

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)

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

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

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

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)

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

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

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

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

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SLS 2016 Annual Conference

Legislation and the Role of the Judiciary

St Catherines College, University of Oxford

Keynote Speaker Initiative

Final Programme Summary

Tuesday 6th September 2016

[Prior event: British Association of

Registration and Enquiry Desk Open

Afternoon Refreshments and Publishers

Drinks Reception at Magdalen College

Birks Book Prize (2015) Session

Dr Katja Samuel (University of

Registration and Enquiry Desk Open

Morning Refreshments and Publishers

Plenary 1: Modern Statutory

Chair: Lady Justice Arden

Afternoon Refreshments and Publishers

Plenary 2: Legislation or judicial law

Chair: Lord Justice Beatson

Drinks and Annual Conference Dinner at

Thursday 8th September 2016

Registration and Enquiry Desk Open

SLS AGM and Council Meeting

Morning Refreshments and Publishers

Poster Session: Subject Sections B

Afternoon Refreshments and Publishers

Plenary 3: The Present and Future

Chair: Judge Elizabeth Cooke

Drinks Reception at All Souls College

Early Careers Session: Getting

Professor Imelda Maher (Editor of

Friday 9th September 2016

Registration and Enquiry Desk Open

Morning Refreshments and Publishers

Refreshments and Publishers Exhibition

Extra Session: The Legal Implications of Bernard Sunley

Chair of Panel Discussion: Andrew Burrows

Division of Subject Sections into A and B

Section A: 6th and 7th September 2016

Section B: 8th and 9th September 2016

Section Programme Index

Section A: Tuesday 6th and Wednesday 7th September

Banking & Financial Services Law

Section B: Thursday 8th and Friday 9th September

BANKING & FINANCIAL SERVICES LAW

Session 1: Tuesday 6th September 14.00-15.30

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

Session 2: Tuesday 6th September 16.00-17.30

Session 3: Wednesday 7th September 09.00-10.30

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

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

Session 4: Wednesday 7th September 14.00-15.30

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

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

CIVIL LIBERTIES & HUMAN RIGHTS

Session 1: Tuesday 6th September 14.00-15.30

Session 2: Tuesday 6th September 16.00-17.30

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

Session 3: Wednesday 7th September 09.00-10.30

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

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

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

Session 4: Wednesday 7th September 14.00-15.30

Aoife Nolan (Nottingham) Privatisation and Human Rights