Slynn LJ, Nolan LJ, Hoffmann LJ, Hutton LJ, Clyde LJ and Joanna Gray
Although the facts giving rise to this decision concerned planning control and planning law the decision is of relevance to the debate about the applicability of the Human Rights…
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Although the facts giving rise to this decision concerned planning control and planning law the decision is of relevance to the debate about the applicability of the Human Rights Act 1998 to the various regulatory functions and powers conferred on the Financial Services Authority (FSA) by the Financial Services and Markets Act 2000, hence its inclusion and discussion in this Journal. The three conjoined appeals which formed the subject matter of this decision were made directly to the House of Lords from a decision of the Divisional Court on 13th December, 2000 whereby the court made a declaration of incompatibility with Article 6 of the European Convention on Human Rights (ECHR) in respect of certain statutory decision‐making powers conferred on the Secretary of State for the Environment, Transport and the Regions (the Secretary of State).
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Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
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Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.
Neil Wilson, Michael Ross, Kevin Lafferty and Russell Jones
The concept of utilising greenspace to promote and maintain mental health predates the development of almost all current treatment modalities. Although the use of greenspace as a…
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The concept of utilising greenspace to promote and maintain mental health predates the development of almost all current treatment modalities. Although the use of greenspace as a therapeutic tool decreased throughout the 20th century, research in this area has grown exponentially over the last 20 years. This review examines the theory and increasing evidence base behind the psychological, social and physical health benefits of viewing and interacting with greenspace, and considers some of the common methodological limitations within the literature.Those who use secondary and tertiary care mental health services typically experience secondary problems due to reduced levels of social and physical activity. This review argues that the holistic benefits of greenspace make ecotherapy particularly appropriate for such a population. The review recommends that the effects of ecotherapy on those who use secondary and tertiary mental health care services be explored as part of an effort to redress the absence in the literature of quality studies in this area for this population.
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Martyn Bridges, Paul Atkinson, Robert Rhodes and Rowan Bosworth‐Davies
The case involved four accountants, a barrister and 12 separate tax ‘avoidance’ schemes. The accountants and the barrister were charged on an indictment with 14 counts of cheating…
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The case involved four accountants, a barrister and 12 separate tax ‘avoidance’ schemes. The accountants and the barrister were charged on an indictment with 14 counts of cheating the public revenue by falsely representing that the apparent purchases by the UK companies were bona fide commercial transactions.
Anamarija Rozic‐Hristovski, Ljupco Todorovski and Dimitar Hristovski
This article describes the development of the Central Medical Library website at the Medical Faculty of Ljubljana, Slovenia. The aim of the website is to serve as a guide to the…
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This article describes the development of the Central Medical Library website at the Medical Faculty of Ljubljana, Slovenia. The aim of the website is to serve as a guide to the library resources and services. The website is built with a uniform graphic design and a menu driven structure. The structure partitions information space by providing meaningful subject categories that enable efficient exploring by browsing. Because the categories are limited in their granularity a search engine based on the Harvest system is included. An evaluation of website access was carried out by analysing and exploring the web server log files using data warehousing and OLAP (On‐Line Analytical Processing) technology. Finally some possibilities for future development of the website are suggested.
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The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection…
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The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection because of it. Establishing employment status continues to be the gateway to accessing most UK statutory employment rights, a fact which makes the exclusion of casual workers from much statutory protection seem arbitrary and unjust. Employment status has been historically determined by common law conceptions of the contract of employment. This creates particular difficulties for casual workers, who have typically had to prove a requirement to perform personal service and to show that the contract was based on mutual obligations in order to be recognised as employees. The advent of the gig economy has seen the concept of employment status evolve as courts and legislators have struggled to adapt to a more flexible labour market. Likewise, gig economy employers have gone to considerable lengths to try to circumvent the legal protections available to their workers. This chapter will examine the evolving role of common law doctrine in defining employment status and the emergence of the category of ‘worker’ as an definition of employment status for those who work in the gig economy. It will analyse prominent cases involving gig economy employers (such as Uber BV v Aslam) and explore how these cases have re-defined contractual doctrine. Finally, the chapter will analyse the Taylor Review (2017) and examine the viability of a conceptual uncoupling of statutory employment protection from contractual doctrine.
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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
Denning, Edmund Davies and L.J. Phillimore
February 10, 1969 Master and Servant — Negligence — Safe system of work — Roadworks — Workman in gang resurfacing carriageway injured by lorry driving too fast — Warning signs in…
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February 10, 1969 Master and Servant — Negligence — Safe system of work — Roadworks — Workman in gang resurfacing carriageway injured by lorry driving too fast — Warning signs in position — Whether employers negligent in not erecting barriers against passing traffic — No evidence of common practice of erecting barriers — Effect of suggested barriers to reduce traffic to one lane — Need to balance public interest against risk to workers on carriageway — Whether lorry wholly to blame.
Since the mid-1990s most Australian jurisdictions have adopted, either through subordinate legislation or through internal government directives, rules regarding how government…
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Since the mid-1990s most Australian jurisdictions have adopted, either through subordinate legislation or through internal government directives, rules regarding how government agencies should behave when participating in litigation. While these rules met an immediate need associated with the outsourcing of legal work to private law firms, this chapter argues that they are unsuited for enduring use: they lack a proper rationale, they are poorly worded and uncertain in their meaning; it is unclear whether and how courts should enforce them, and they have not been reviewed to take account of the more recent developments in civil procedure.