Direct effect is a principle of EU law which draws much attention and criticism. Article 288 TFEU appeared to deny direct effect of Directives. However, in Van Duyn v Home Office[i] the ECJ, now the CJEU, held that Directives could have direct effect under certain circumstances. Failure to satisfy these conditions means that a Directive
Caparo Industries Plc v Dickman [1990] UKHL 2 References: [1990] 2 AC 605; [1990] 1 All ER 568; [1990] UKHL 2 Link: Bailii Judges: Lord Bridge of Harwich, Lord Roskill, Lord Ackner, Lord Oliver of Aylmerton and Lord Jauncey of Tullichettle Facts The respondents in this case and the plaintiffs in the court of first
Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1 Overview Where A and B are in and existing contract and A promises to give more to B this promise will be binding if A receives a practical benefit even though B is only doing what they promised to do under the
My Top 5 Tips for Smashing Online Law Exams Law exams are coming up. Many law students will be taking the exams from home. Here are my top tips on how to score well in your online law exams. Prepare blocks – not full answers. Each topic you study can be broken
The law was significantly changed with the passing of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act came into force on 6 April 2008. The law applies to the whole of the United Kingdom. Many of the concerns raised in the pre-legislative consultation stages were remedied but as shall be e[i]xplored in this
The question of how to make corporate directors accountable has taxed scholars and businesspeople for centuries.[i] A system of corporate governance must strike an appropriate balance between permitting entrepreneurship and risk-taking and the protection of shareholders. Corporate scandals including the demise of corporate behemoths such as Enron and Parmalat show that the current system may
20 Personal Statement Tips that Law School Admissions Officers wish Every Student Used You have decided that Law School is for you. Your dream is to get accepted to a good university and then onwards to be a lawyer. One of the key obstacles to getting to Law School is the law personal statement.
How to Use Ibid in OSCOLA Referencing (And Avoid Losing Marks!) Why is OSCOLA referencing so time consuming? How come Microsoft Word makes it extremely burdensome to properly cite case law? What on earth does ibid even mean? Have you found yourself asking these questions when half way through a law assignment? Don’t
The UK has facilitated the supremacy of EU law through enacting the European Communities Act 1972. However, the UK has accepted EU law is supreme in relation to all domestic laws. Jurisdictions like Germany have a narrower approach. Germany allows for the primacy of EU law only where EU law adequately protects constitutional rights enshrined
The rule in Foakes v Beer[i] states that an agreement to vary a contract by accepting less is not binding unless the promisor agrees to accept less and receives something extra of value in the eyes of the law. The rule has stood the test of time for over one hundred years. However, the courts
