Study Skill Series: How do I prepare for class?

by Robert Craig, University of Bristol Law School

[The introduction to the series can be found here]

Preparing properly for synchronous sessions is essential for them to be useful for you and for others in the seminar – please make the effort to engage actively with your peers and academic tutor for both seminars and consolidation sessions. It is impossible to take any meaningful part in seminars without doing a significant amount of prereading and thinking before class. Going to seminars with insufficient preparation tends to be quite stressful for most people because it is quite hard to follow what is going on if you are not on top of the materials. (more…)

Capitalising spousal periodical payments on divorce: Is it time to include investment advice and ongoing costs?

Professor Emma Hitchings, University of Bristol Law School

from http://401kcalculator.org/

When making financial orders on divorce, the case of Duxbury v Duxbury ([1992] Fam 62n, CA) introduced a calculation which provided a means to achieve a lump sum as an alternative to ongoing periodical payments (maintenance) between ex-spouses. This calculation enables couples to achieve a clean break (i.e. no ongoing financial ties after divorce), so that a lump sum is invested to provide a continuing annual income. In my recent Child and Family Law Quarterly article, on which this blog is based (‘Reconsidering the Duxbury Default’ [2021] CFLQ 275), I explore the Duxbury calculation in greater depth, presenting findings from an analysis of reported cases over the past 10 years and exploring why the courts appear reluctant to move away from it. However, in this blog, I want to focus on a practical concern arising from the continued use of Duxbury – the failure to provide for any allowance for costs incurred in setting up and running the invested funds and why this is important for those individuals who are required to invest a Duxbury lump sum to provide for future income. 

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Study Skills Series: An Introduction

by Robert Craig, University of Bristol Law School

Picture by Jason Tong

 Welcome to the first in this series of short blogs on how to make the best use of your time as a law student. It aims to cover a number of topics and was originally written for my first year public lawyer students:

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Can collaboration between academics and non-profits help protect citizenship rights?

Dr Rachel Pougnet, Senior Research Associate at the University of Bristol

Building bridges between academia and non-profit organisations through partnerships is a critical tool to protect the ‘right to have rights’. These formal collaborations build on shared expertise and co-produce knowledge which can help to identify risks of statelessness, better inform government policies and hold governments to account. (more…)

Does UK government’s response to Afghan refugees belie its anti-refugee policies?

by Kathryn Allinson, Lecturer in Law, University of Bristol 

US Marine Corps Photo

Afghans constitute the second largest refugee population in the world with 2.6 million Afghan refugees registered globally. After almost continuous armed conflict since 1978, many of these individuals are in a ‘protracted refugee situation’ having been in refugee camps for over 40 years without access to what the United Nations High Commissioner for Refugees (UNHCR) calls ‘durable solutions’ (resettlement, return or local integration – see UNHCR Global Trends Report 2018 p.22 and 27). However, the recent escalation in the crisis in Afghanistan has seen the numbers of people being displaced reaching over 330,000 since the start of this year, according to UNHCR.  Numbers of newly displaced persons are expected to rise to 500,000 over the coming weeks.  (more…)

Are there any gains to be had from the proposed new provider selection model for NHS commissioning?

 

By Prof Albert Sanchez-Graells, Professor of Economic Law (University of Bristol Law School). 

One of the relatively recent developments in the post-Brexit review of UK public procurement law is the February 2021 proposal for the replacement of the current rules on the commissioning of healthcare services for the purposes of the English NHS (for background, you can watch here), with a new provider selection regime (‘the proposal’). This proposal forms part of the broader set of proposed reforms contained in the Health and Care Bill 2021-22 (on which the House of Commons Library has published a useful research briefing). 

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What are Britain’s Plans for Major Reform of Rail Services?

by Tony Prosser, Professor of Public Law, University of Bristol Law School.

 

The UK Government has proposed major changes to the organisation of its rail services, which were privatised and split between a large number of different companies in the 1990s.  The change will introduce a new ‘guiding mind’ in the form of a public body, Great British Railways, which will be responsible for managing the infrastructure and for commissioning passenger services.  The services, however, will continue to be provided under contract by private companies. (more…)

Hidden Law-makers: Uncovering ‘tiers of invisibility’ in the law on best interests

by Suzanne Doyle Guilloud, Senior Research Associate, University of Bristol Law School

Courtroom by Al Arthur

Since November 2018, BABEL (‘Balancing Best Interests in Healthcare Ethics and Law’), a joint Wellcome Trust funded project between the Centre for Ethics in Medicine (CEM) and the Centre for Health, Law, and Society (CHLS), has been researching the nature and purpose of the concept of ‘best interests’ as it applies to both adults and children deemed to lack decision-making capacity in healthcare matters in England and Wales. (more…)

The Convergence of Law, Race, and Development

by Foluke Adebisi, University of Bristol Law School

In an entry in the Encyclopedia of Law and Development, Edward Elgar Publishing, 2021, I examine the nexus of the seemingly straightforward concepts of law, race, and development. The full text can be accessed here or through your local library or other institutional channels. [Alternatively, contact me.] This blog post briefly summarises my reflections on this convergence. In the encylopedia entry itself, I explore how a critical examination of the nexus between the three [i.e. law, race, and development] uncovers how they co-constitute each other, sometimes in negative ways. It is important, however, to begin any examination with an understanding that ‘race’ is not a legitimate scientific categorisation of humanity – it is neither neutral or objective. (more…)

The Views of the Human Rights Committee in A.S., D.I., O.I. and G.D. v Italy and the Right to Life at Sea

by Professor Sir Malcolm Evans & Dr Sofia Galani (University of Bristol)

On 22 April 2021, the University of Bristol Law School hosted a closed meeting on the findings of the Human Rights Committee in A.S., D.I., O.I. and G.D. v Italy. The hosts of the event, Professor Sir Malcolm Evans and Dr Sofia Galani, welcomed academic experts on international human rights law and the law of the sea from UK, European and Australian institutions who reflected on the findings of the Human Rights Committee (the Committee) and discussed the potential impact of its findings on the future of human rights protection at sea. The facts of the complaint, the views of the Committee as well as the dissenting opinions are of great interest and are well worth being read in full. Here, we will only summarise some key points with a view to highlighting the significance of the decision and providing some background into the discussions. (more…)