Krell V. Henry, Audiencia ante la Court of Appeal of England and Wales, Civil Division, 11 de agosto de 1903 by Manin, María Soledad, Garaventa, Carlos Adrián

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The challenges for England’s post-conviction review body: deference to Juries, the Principle of Finality and the Court of Appeal by Hoyle, C

“…Since 1997, the Criminal Cases Review Commission of England, Wales and Northern Ireland has served as a state-funded post-conviction body to consider claims of wrongful conviction for those who have exhausted their rights to appeal. …”

Contributory negligence on in the Court of Appeal: an empirical study by Goudkamp, J, Nolan, D

“…In this article we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine’s operation in first instance courts. …”

Consistency in sentencing: Is the current guidance in England and Wales adequate? by Harris, L

“…Parliament, the Court of Appeal (Criminal Division) and the Sentencing Council all provide structure as a means of promoting consistency. …”

The Operation of YJCEA 1999 section 41 in the Courts of England and Wales: views from the barristers’ row An independent empirical study commissioned by the Criminal Bar Associati... by Hoyano, L

“…This study constitutes the largest empirical study of the use of previous sexual behaviour evidence in sexual offence trials in the courts of England and Wales ever conducted. It is impossible to understand how such evidence is handled in trials merely from reading reported judgments, because these reflect only cases which the defence has appealed to the Court of Appeal on the basis that such evidence was wrongly excluded by the trial judge, since the prosecution does not have an equivalent right to seek leave to appeal. …”

The aftermath of wrongful convictions: addressing the needs of the wrongfully convicted in England and Wales by Tilt, L

“…</p> <p>Adopting a narrative criminological approach, this thesis fills the empirical and theoretical gap in the literature on wrongful convictions in England and Wales. It explores the lived experiences of those who have had a conviction quashed by the Court of Appeal at the final possible opportunity: after a referral from the Criminal Cases Review Commission (or, prior to that, the Home Secretary) or an appeal out-of-time. …”

Applying decision-making capacity criteria in practice: A content analysis of court judgments. by Nuala B Kane, Alex Ruck Keene, Gareth S Owen, Scott Y H Kim

“…<h4>Methods</h4>We analysed all published cases from courts in England and Wales [Court of Protection (CoP) judgments, or Court of Appeal cases from the CoP] containing rationales for incapacity or intact capacity(n = 131). …”
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Just How Common is the Common Law? A Historical and Comparative Perspective by The Hon Susan Keifel AC

“…The Privy Council was the final appellate court for the colonies. In 1879, Sir Montague E Smith, delivering the judgment of the Privy Council on an appeal from the Supreme Court of New South Wales said ‘it is of the utmost importance that in all parts of the empire where English law prevails, the interpretation of that law by the Courts should be as nearly as possible the same’.…”
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The evolution of English sentencing guidance in 2016 by Ashworth, A

“…Discusses the uncertain relationship between the sentencing guidance produced by the Court of Appeal in 2016, and that of the Sentencing Council for England and Wales. …”

Review of wrongful convictions following police misconduct: A study of the English Criminal Cases Review Commission by Hoyle, C

“…<p>The Criminal Cases Review Commission (CCRC) reviews possible wrongful convictions in England, Wales, and Northern Ireland, referring back to the Court of Appeal cases where there is a &rsaquo;real possibility&lsaquo; that the conviction is unsafe. …”

Assange’s Extradition: Status Pending by Stelios Andreadakis, Dimitrios Kafteranis

“…According to the ruling delivered by District Judge Vanessa Baraitser at the Central Criminal Court of England and Wales, Assange cannot be extradited from the UK. …”
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Forensic science and expert testimony in wrongful convictions: A study of decision-making at the Criminal Cases Review Commission by Hoyle, C

“…The Criminal Cases Review Commission reviews possible wrongful convictions in England, Wales and Northern Ireland, referring back to the Court of Appeal cases where there is a ‘real possibility’ that the conviction is unsafe. …”

Cross-examination of sexual assault complainants on previous sexual behaviour: views from the barristers' row by Hoyano, L

“…This study constitutes the largest empirical study of the use of previous sexual behaviour evidence in sexual offence trials in the courts of England and Wales ever conducted. It is impossible to understand how such evidence is handled in trials merely from reading reported judgments, because these reflect only cases which the defence has appealed to the Court of Appeal on the basis that such evidence was wrongly excluded by the trial judge, since the prosecution does not have an equivalent right to seek leave to appeal. …”

Wish to die trying to live: unwise or incapacitous? The case of University Hospitals Birmingham NHS Foundation Trust versus ‘ST’ by Wellesley, JP, Wilkinson, D, Moore, B

“…While Sudiksha&rsquo;s case bears similarities to other high-profile cases in England and Wales, there are key differences. Crucially, Sudiksha herself was part of the disagreement. …”

Instinctive synthesis: exploring and explaining the Australian model of sentencing by Tai, L

“…</p> <p>Using doctrinal analysis and data from interviews with judges from the Victorian County Court, Supreme Court and Court of Appeal, this thesis examines how the unstructured IS model is applied in practice. …”

Sobre los orígenes de la doctrina de la frustración del fin del contrato: comentario al fallo Krell v. Henry by Manin, María S., Garaventa, Carlos Adrián

“…Empero, si leemos detenidamente el fallo de la Court of Appeal of England and Wales (Civil Division) encontraremos que la doctrina de este se identifica más con la de los neocausalistas que con la de los causalistas . …”
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Intellectual property arguments in tobacco industry legal challenges: lessons from recently concluded cases by Suzanne Zhou

“…Country / measure / jurisdiction Australia - plain packaging (WTO dispute settlement system) Australia - plain packaging (High Court of Australia) Australia - plain packaging (investor-state arbitration) Uruguay - restrictions on brand variants and 80% graphic health warnings (investor-state arbitration) United Kingdom - standardised packaging (Court of Appeal of England and Wales) IP issues Obligation to provide certain trademark protections under TRIPS Protection of trademark as property under constitution Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Obligation to provide certain trademark protections under TRIPS and EU law; protection of trademark as property under European and UK law Decided in favour of Pending, reportedly Australia Australia, 2012 Australia, 2015 (dismissed at jurisdictional stage) Uruguay, 2016 United Kingdom, 2016 Positive right to use trademark? …”
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The protection of confidentiality in arbitration: balancing the tensions between commerce and public policy by Brown, Julian Christopher Patric

“…A comparative analysis is conducted of arbitral confidentiality in jurisdictions outside England and Wales, and the rules and terms of selected arbitral institutions worldwide. …”
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