Confidence and privacy torts
CONTENTS ACKNOWLEDGEMENTS INTRODUCTION CHAPTER 1: CONFIDENCE AND PRIVACY (1) Is there a tort of privacy? (2) Analysing the elements of the potential tort (3) The private law tort of invasion of privacy in other jurisdictions. (4) Proposals for a new tort (5) Defining the new tort. (6) Breach of Confidence (7) Which types of activities or information constitute "Private Life"? CHAPTER 2: THE IMPACT OF THE HUMAN RIGHTS ACT (1) Media law, Privacy and Human Rights (2) Human Rights, Privacy and recent cases CHAPTER 3: HOW EFFECTIVE ARE MEDIA REGULATORS? (1) How extensively is privacy protected? (2) The Regulatory Codes (i) The Press Complaints Commission (PCC) (ii) Private places (iii) Procedural drawbacks of the PCC (3) TV and Radio (i) The Broadcasting Standards Commission (BSC) (ii) Procedural drawbacks of the BSC (iii) The Independent Television Commission (ITC) and the Radio Authority (iv) OFCOM (v) Survey (vi) Is there a need for reform? CONCLUSION APPENDICES BIBLIOGRAPHY CHAPTER 1: CONFIDENCE AND PRIVACY (1) Is there a tort of invasion of privacy? It has often been said that the English law does not recognise a right to privacy 'as such'.1 It has been widely agreed that privacy rights might find incidental protection by causes of action designed to protect other interests, but there is no distinct cause of action for
Lon Fuller - professor of Jurisprudence at Harvard.
Lon Fuller Fuller, professor of Jurisprudence at Harvard, was one of the thinkers responsible for the revival of natural law thinking in the mid-20th century. Note (in very small type) the date (1969) of his book. Modern natural law theorists (other than those explicitly within the traditions of Roman Catholic moral philosophy) are secular in their outlook. They thus differ from classical natural law thinking in not supporting their theories with a grand metaphysics, as does St. Thomas. They have no special views about the purpose of life, the role of nature, the sources of human wisdom etc. Even the terminology 'natural law' or what we have called 'principles of natural justice' may seem to them to carry too much theological baggage. They do believe however in what they tend to call 'moral principles.' Fuller calls his principles 'procedural' rather than substantive. He also calls the morality that's required for law, 'internal morality.' Substantive principles, such as the several principles of justice we've mentioned, describe what is right and what is wrong. They tell us how to regulate our conduct, i.e., whether polygamy is wrong. Procedural principles give criteria for forming substantive moral principles into law. Fuller's view is that natural justice enters the law at the procedural level. There are certain procedural principles which are necessary for anything
Dispute Solving - Solicitors, Barristers, and Legal executives
Module 2 - Dispute Solving Solicitors, Barristers, and Legal executives The English legal system is unusual in having 2 legal professions; solicitors and barristers. Most legal professions have lawyers who although specialise they qualify in the same way. Historically solicitors represented by the LAW SOCIETY and barristers represented by the BAR COUNCIL reached an agreement to divide the legal work between themselves basically this gave solicitors sole right of access to clients and barristers sole rights of access to the courts. In recent years this division has been broken down, solicitors have increasing access to the courts while barristers have some access to clients. Training of Solicitors Law society Law degree Non-Law degree 1 year common profession exam Legal Practice Course - 1 year (have to pay own fees) Training Contract - 2 years + 3 years before you can set up your own practice Bar Council Law Degree Non-Law degree 1 year common profession exam Inns of Court Grays Lincons Middle Temple Inner Temple All based in London Bar Vocational Exam year 8 Dinners Get 2 barristers to take you on Pupilage year 6 months with each barrister. First 6 months was unpaid, but not set at national minimum rate. 2nd 6 months is paid at national minimum rate Can stay for longer than 1 year but will still only receive same rate of pay Called to 'Bar'
Where judges do not follow precedent (or where they distinguish binding cases on dubious grounds, as explained later) the result is to introduce great uncertainty into the law.
Even in non-legal groups the idea of precedent is strong, and many social groups apply informal rules based on the way that things have always been done. Almost any concept of justice requires that like cases be treated alike, and this is the basis of the doctrine of precedent applied to a greater or lesser extent in every developed legal system. It is clearly desirable for the law to offer certainty, and so the practice is that once a judge has declared the common law to be such-and-such, his brethren generally follow suit. It is this principle of stare decisis - "that which is decided is to stand" - that forms the basis of common law. Where judges do not follow precedent (or where they distinguish binding cases on dubious grounds, as explained later) the result is to introduce great uncertainty into the law. The five cases below illustrate this all too well. Cundy v Lindsay (1878) LR 3 AC 459, HL A rogue Blenkarn, writing from 37 Wood Street, purported to represent the highly respectable firm of Blenkiron & Co (123 Wood Street) and so obtained goods from RR without paying for them. He sold the goods on to AA, who bought in good faith, but when RR sought to recover the goods (which had never been paid for) the House said they were entitled to do so. They had no contract with Blenkarn, because they thought they were dealing with Blenkiron & Co., so ownership had never
Produce a report that looks at the functions of each court, with emphasis on distinctions - Compare the different courts and their functions, the appeal routes available - Summarise the training and appointment of the judiciary making proposals for reform
Produce a report that looks at the functions of each court, with emphasis on distinctions. Compare the different courts and their functions, the appeal routes available. Summarise the training and appointment of the judiciary making proposals for reform. Introduction The aim of this report is to provide an understanding of the court structure with in the English legal systems' with reference to their jurisdiction in the law. It also explains the role of tribunals in the court structure, describes the appeal routes, as well as looking at the judiciary, who have the role of presiding on cases brought before the courts and administering justice accordingly. It also looks in detail at the proceedings of the Crown and Magistrates' Courts. The report also looks at areas which may need reform and makes proposals for such reforms. The Legal Process There are two main distinct areas within the English court structure, and its arrangement is set accordingly. The court structure can seen to have a civil process and a criminal process with various courts assigned to deal with either criminal matters or civil matters. The report will begin be examining first, the court involved in the civil process and then the courts involved in the criminal process. Civil law deals with disputes between individuals and the purpose of civil law is to remedy a wrong that has been suffered. In civil
This has become clear from several decisions which the Bundeskartellamt has already made
GERMANY (July 2000 - June 2001) Table of contents Executive Summary . Legislation 2. Agreements / abusive practices by dominant firms 3. Merger control . Changes to competition laws and policies, proposed or adopted . Summary of new legal provisions of competition law and related legislation 2. Other relevant measures, including new guidelines 2. Enforcement of competition laws and policies . Action against anticompetitive practices, including agreements and abuses of dominant positions a) Summary of activities of competition authorities and courts b) Description of significant cases, including those with international implications aa) Agreements, action in the form of administrative fine proceedings against cartels bb) Exemptions from the general ban on cartels cc) Control of abusive practices by dominant firms / Supervision of price abuses by monopolists (utilities) dd) Activities of the courts 2. Mergers and acquisitions a) Statistics on number, size and type of mergers notified and/or controlled under competition laws b) Summary of significant cases aa) Prohibition or prevention of mergers bb) Clearances subject to conditions and obligations cc) Clearances dd) Withdrawal of application 3. The role of competition authorities in the formulation and implementation of other policies, e.g. regulatory reform, trade and industrial policies 4.
The "Weak" Law: Contaminations And Legal.
THE "WEAK" LAW: CONTAMINATIONS AND LEGAL CULTURES ITALIAN NATIONAL REPORT TO THE BRISTOL CONFERENCE By P.G.Monateri* Introduction: "Imperfect Alternatives" and the "Weak Thought" 2 PartI: Comparativism, Representation and Import 5 Culture and Difference. 5 Spread and Dissemination 8 Formants and Elites 10 The "Strategic" Model 12 Part II: A Portrait of Italy as a "Weak" Tradition. 15 The "Love affair" with the French 15 The "Coming of the Germans" 20 Conclusion: Convergence, Divergence and "Contamination" 24 Bibliography 26 Introduction: "Imperfect Alternatives" and the "Weak Thought" The subject matter of "Legal transplants" has been invented by Alan Watson for scholarly purposes in comparative legal studies1. But in the last decade the subject has been took over by purposive practical lawyers mainly involved in projects of "exporting" their own legal systems2, especially from the West, to the former Socialist countries, or to the vast exotic world of Non-westerners. These projects are normally explicit projects of governance based as they are on a quite clear cut political agenda, sometimes expressed in the old-fashioned jargon of the fifties centred on the rhetoric of the "multy-party democracy", the "rule of law", and the "free market economy". Lawyers involved in these projects of societal governance normally share one of two opposite attitudes. The
Judicial accountability
NATIONAL LAW UNIVERSITY JODHPUR a project on JUDICIAL ACCOUNTABILITY for the partial fulfillment of B.Sc. LL. B. (Hons.) Submitted to: Dr. Santosh Jain Faculty In charge Legal Language Submitted by: Anand Varma IInd Semester Roll No - 169 Table of Contents S. No Chapter Page No. . Introduction 6 2. Commissions of Inquiry Act, 1952 & Judicial Independence 9 3. Judicial Accountability & Indian Constitution 2 4. Judicial Independence Vis-À-Vis Judges Inquiry Act, 1968 7 5. Judicial Approach- Justice Arun Madan's Case 20 6. National Judicial Commission and Its Implications 23 7. Conclusion 27 8. Bibliography 28 Table of Cases . C. Ravichandran Iyer v. Justice A.M. Bhattacharjee & Ors. (1995) 5 SCC 457 2. Chandra Kumar v. Union of India (AIR 1997 SC 1125) 3. K. Veeraswami v. Union of India (1991) 3 SCC 655 4. Krishnaswami V. Union of India (1992) 4 SCC 605 5. M.P. Goswami v. B. K. Rai, J. & other judges including CJI (Decided recently so not yet published but text provided in annexure II) 6. P.V. Jagannath Rao & Ors. v. State of Orissa & Ors. (AIR 1969 SC 215) 7. S.C. Advocates on record Assn. v. Union of India (AIR 1994 SC 268) 8. S.P. Gupta v. Union Of India (AIR 1982 SC 149) 9. Sarojini Ramaswami v. Union of India (1992) 4 SCC 506 0. Sub - Committee on The Judicial Accountability v. Union Of India (1991) 4 SCC 699 Table of
Whether to sueIn civil cases, it is up to the potential claimant (formerly called the plaintiff) to decide whether or not to begin legal proceedings.
Whether to sue In civil cases, it is up to the potential claimant (formerly called the plaintiff) to decide whether or not to begin legal proceedings. There is no compulsion on a person who has suffered personal injuries, or who has lost money through another party's breach of contract, to take legal action, and in the overwhelming majority of cases he does not in fact do so Most people (and all sensible people!) try to resolve their disagreements without going to law. After legal action has started there are still often negotiations "without prejudice" aimed at reaching a settlement, and these can continue even during the trial. Only about 1 per cent of civil actions started by the issue of a claim form end in a completed trial. The factors likely to influence a potential claimant deciding whether to start proceedings are not easy to identify. The likelihood of success is presumably one factor: that will be determined not only by the legal strength of the case but by the quality of the available evidence. The potential gains and losses must also come into the calculation, so that the damages claimed (multiplied by a probability factor, and taking into account the other party's ability to pay) can be set against the potential costs of an unsuccessful action. But other less easily quantifiable elements may be present too - the desire to forget an unpleasant incident as
Goodhart's Law: Its Origins, Meaning and Implications for Monetary Policy.
Goodhart's Law: Its Origins, Meaning and Implications for Monetary Policy By K. Alec Chrystal (City University Business School, London) and Paul D. Mizen (University of Nottingham) Prepared for the Festschrift in honour of Charles Goodhart to be held on 15-16 November 2001 at the Bank of England. We are grateful for comments and suggestions from Christopher Allsopp, Michael Artis, Forrest Capie, Charles Goodhart, Andy Mullineux, Simon Price, Daniel Thornton, Peter Westaway and Geoffrey Wood. 2 November 2001 . Introduction Many distinguished economists have their name associated with some theory, concept or tool in economics. Obvious examples include: Giffen goods, the Pigou effect, Nash equilibrium, the Coase theorem, the Phillips curve, the Rybczynski and Stolper-Samuelson theorems, Ricardian equivalence, the Engle curve, the Edgeworth-Bowley box, Tobin's q, and the Lucas critique. However, very few economists are honoured by having their name associated with a "law". Charles Goodhart joins Sir Thomas Gresham, Leon Walras, and Jean-Baptiste Say in a very select club. In this paper we explain Goodhart's Law and the context in which it arose, and discuss whether it has the qualities that will help it survive over time. Mainly this requires that it can be adapted to new circumstances as the world changes. Gresham's law, for example, was invented to