Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main problems: Firstly, such a right could be created in respect of a non-person, which seemed incongruous with the contemporary understanding of what a legal 'right' is. Secondly, such rights were thought to be irrevocable, notwithstanding the general principle of contract law that...
In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in complex medico-legal cases. Professor Foster wrote a critical response to that piece, however – in recognition of Foster’s own claim that ‘to give an account of rights and respect, one necessarily has to resort to the principles on which those ideas are based… one is likely to g...
Purpose Digital contact tracing technologies are critical to the fight against COVID-19 in many countries including the UK. However, a number of ethical, legal and socio-economic concerns that can affect uptake of the app have been raised. The purpose of this research is to explore the perceptions of the UK digital contact tracing app in the Black, Asian and Minority Ethnic (BAME) community in Leicester and how this can affect its deployment and implementation. Design/methodology/approach Dat...
In late October 2020, Ms. Janette Ritson – a cancer patient at the NHS Golden Jubilee National Hospital, Clydebank – underwent a twelve-hour procedure which saw her left tibia subjected to radiation treatment. This occurrence may not appear at first sight to be out of the ordinary, given that radiation treatment is a common form of therapy for cancer patients, but Ms. Ritson’s case was in fact somewhat unusual. While she remained based at the NHS Golden Jubilee, the problematic shin-bone was ...
In the judgment of Glawischnig-Piesczek v Facebook (C-18/18), the ECJ deviates from the existing judicial approach and deploys a widerinterpretation of the scope of a duty of care; imposing a set of broader obligations to host ISPs. It isthis widerscope for a duty of care which might come in conflict with a cluster of EU provisions and EU case law. In this light, this article critically examines the problematic aspects of this decision and its implications for the business welfare of host ISP...
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