Liverpool Law Review

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Book Review “M. Nicolini, S. Bagni, Comparative Constitutional Justice, Eleven, 2021”
Liverpool Law Review - Tập 43 - Trang 123-127 - 2022
Matteo Monti
The Perversions of History: Constitutionalism and Revolution in Burke’s Reflections
Liverpool Law Review - Tập 31 - Trang 207-232 - 2010
Ian Ward
Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men suc...... hiện toàn bộ
Equal Pay and the Equality Act 2010: An Accidental Paradox in Need of Change?
Liverpool Law Review - - Trang 1-19 - 2023
James Hand, Victoria Hooton
The approach in the United Kingdom to sex-based equal pay has for a long time been distinct from general sex discrimination and from equal pay based on other protected characteristics. This dichotomy allows for a greater focus on sex-based equal pay, in a distinct statutory regime, but also risks creating unnecessary, unintended and detrimental distinctions. This article outlines the different leg...... hiện toàn bộ
A Behavioural Analysis of the Future of Collective Redress for Financial Consumers Following the Supreme Court Decision in Merricks v Mastercard
Liverpool Law Review - Tập 44 Số 1 - Trang 83-106 - 2023
Joanne Atkinson
AbstractOne of the biggest problems faced by consumers seeking redress for financial harm is the prohibitive expense and impracticality of bringing low-value individual legal proceedings. The Consumer Rights Act 2015 introduced a new regime for collective redress for competition law infringements whereby for the first time, claims may be brought on an opt-out basis...... hiện toàn bộ
Miscarriage of Justice? Postcolonial Reflections on the ‘Trial’ of the Maharajah of Baroda, 1875
Liverpool Law Review - Tập 28 - Trang 377-403 - 2007
Judith Rowbotham
This article revisits the Baroda Incident 1875, providing a detailed examination of the Enquiry or ‹trial’ for the first time, and locating that examination in the wider socio-cultural context of the nineteenth century British Empire (especially the Raj) and the exporting of the ‹British’/English legal culture to the Empire. The implications of the establishing of British principles of justice, in...... hiện toàn bộ
Stuart Wallace: The Application of the European Convention on Human Rights to Military Operations
Liverpool Law Review - - 2019
Liam Halewood
The European Communities — Towards supranationalism at last?
Liverpool Law Review - Tập 14 - Trang 93-102 - 1992
Damian Chalmers
Shifting Interpretation in International Court of Justice’s Decision in the Islamic Republic of Iran v. United States of America: A Deliberate Step?
Liverpool Law Review - Tập 43 - Trang 97-105 - 2022
Atul Alexander, Swargodeep Sarkar
Iran and the United States (US) have resorted to the International Court of Justice (ICJ) on five occasions to settle their disputes. The latest dispute was initiated by Iran and pertains to US’s decision of withdrawal from the Joint Comprehensive Plan of Action (JCPOA) agreement and re-imposition of sanctions on Iran, including its nationals and companies. In this brief critique, the authors have...... hiện toàn bộ
Fraud, Legal Formality and Equity
Liverpool Law Review - Tập 23 - Trang 79-94 - 2001
Mark Pawlowski
This article seeks to examine thecurrent scope of the equitable principle that``equity will not allow a statute to be used asan instrument of fraud''. In particular, itexamines the meaning of fraud in this contextand the question whether the so-called rule inRochefoucauld in Boustead [1897] 1 Ch.196 can be applied legitimately in theenforcement of informal rights for the benefitof third parties.
Frustration v Imprévision, Why Frustration is so ‘Frustrating’: The Lack of Flexibility in the English Doctrine’s Legal Consequence
Liverpool Law Review - - Trang 1-24 - 2023
Bashayer Al Majed, Abdulaziz AlMajed
The COVID-19 pandemic and subsequent economic restrictions have placed many contractual parties under great strain to honour their agreements as contracts have become commercially impracticable and excessively onerous. This article explores the legal position in England, France and the Middle East under the doctrine of impossibility, impracticability and unforeseen circumstances. Strongly rooted i...... hiện toàn bộ
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