Nottingham Law Journal

The Nottingham Law Journal is a general law journal that publishes scholarly legal work across a broad range of subject matter.

Articles

Vol. 20, Annual

Editorial
I am very pleased to introduce the latest edition of the Nottingham Law Journal and to have the opportunity of taking over the role of editor. My predecessor, Tom Lewis carried out his duties with aplomb in often challenging circumstances, and ensured...
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When Is Pre-Packaged Administration Appropriate?-A Theoretical Consideration
INTRODUCTION Pre-packaged administration ("pre-pack") has been described as: An arrangement under which the sale of all or part of a company's business or assets is negotiated with a purchaser prior to the appointment of an administrator,...
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Abolishing Obsolete Crown Prerogatives Relating to the Military
INTRODUCTION In Britain today, there is concern at the loss of authority of Parliament. There is also the problem of how well Parliament and the Crown inter-relate in modern times. A vast number of decisions are taken in the name of that mysterious,...
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Contracts for the Sale of Land and Personal Property: The Equitable Interests of the Purchaser
INTRODUCTION As property lawyers, we are all familiar with the general principle that a contract for the sale of land, which is capable of specific performance, operates in equity so as to confer a trust on the purchaser pending completion of the...
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Assuring Forbearance in Mortgage Arrears Management: A Regulatory Blind Spot
INTRODUCTION If one would have to extract something positive out of economic crises, it must be the hard lessons learnt. Every flaw of the financial system becomes magnified and scrutinised. One can only hope that for the hundreds of thousands of...
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Sentencing in Cases of Small-Scale Cannabis Production
Auton and Others v R. [2011] EWCA Crim 76 (Hughes LJ, Eady and Rafferty JJ) INTRODUCTION The Court of Appeal recently heard a joint appeal from four defendants involved in small-scale production of cannabis. Having already taken the opportunity...
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When Is a Director Not a Director?
Holland (Respondent) v The Commissioners for Her Majesty's Revenue and Customs (Appellant) and another [2010] UKSC 51 (Lord Hope, Deputy President, Lords Walker, Collins, Clarke and Saville) THE FACTS This was a highly complex case in which section...
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Proportionality and Possession Proceedings
Manchester City Council v Pinnock [2010] UKSC 45 (Lords Phillips, Hope, Rodger, Walker, Hale, Brown, Mance, Neuberger, Collins) INTRODUCTION It is rare that the highest court in the UK sits with nine judges; this only happens, it would seem,...
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Care Quality Commission Guidance to Registered Providers
INTRODUCTION In October 2010, Care Quality Commission (CQC) published Guidance for registered providers of care, treatment and support services (for example, care homes) on how the Mental Capacity Act 2005 (MCA 2005) affects the way they make decisions...
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Outcomes Focused Regulation: Risk of a Culture Shock?
This is the calm before the storm. With the release of the Solicitors' Regulation Authority's final pronouncement on its new outcomes focused approach to regulation draws near, solicitors will increase their focus on the four letter word at the heart...
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A Rational Approach to Exciting Developments in Space Law
Space Law A Treatise by FRANCIS LYALL and PAUL B. LARSEN, Ashgate Publishing Ltd, Surrey, 2009, 1st Edition, 596 pp, Hardcover, 80[pounds sterling], ISBN: 978 07546 4390 6, eISBN 978 0 7546 9242 3 (ebook) Space has revolutionized telecommunication...
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